New York Surrogate's Court
Encyclopedia
The Surrogate's Court handles all probate
and estate proceedings in the state of New York
. All wills are probated in this court and all estates of people who die without a will are handled in this court. Unclaimed property of the deceased without wills is handled by the Judge of this court.
Each of New York's 62 counties has one surrogate judge, with New York County having two, and Kings County
having two since 2006. Surrogate judges are elected countywide for 10-year terms, except for the five counties within New York City
where surrogate judges are elected for 14-year terms. In some rural counties, surrogate judge duties are handled by the county court judge.
There have been frequent efforts to abolish the surrogate's court and redistribute its powers to the New York Supreme Court
(the general trial court) and the Family Court. The most recent efforts stem from the corruption scandal surrounding former Brooklyn
Surrogate Michael Feinberg, who was removed from the bench in 2005.
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
and estate proceedings in the state of New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
. All wills are probated in this court and all estates of people who die without a will are handled in this court. Unclaimed property of the deceased without wills is handled by the Judge of this court.
Each of New York's 62 counties has one surrogate judge, with New York County having two, and Kings County
Brooklyn
Brooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...
having two since 2006. Surrogate judges are elected countywide for 10-year terms, except for the five counties within New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
where surrogate judges are elected for 14-year terms. In some rural counties, surrogate judge duties are handled by the county court judge.
There have been frequent efforts to abolish the surrogate's court and redistribute its powers to the New York Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
(the general trial court) and the Family Court. The most recent efforts stem from the corruption scandal surrounding former Brooklyn
Brooklyn
Brooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...
Surrogate Michael Feinberg, who was removed from the bench in 2005.
See also
- Probate court for other jurisdictions
- Surrogate's CourthouseSurrogate's CourthouseThe Surrogate's Courthouse, also known as the Hall of Records, is a Beaux Arts municipal building in lower Manhattan in New York City....
, building in lower Manhattan