New York Surrogate's Court Procedure

Every section of the New York Surrogate's Court Procedure, in order — 386 sections. Source: NY Senate Open Legislation, current through November 4, 2026.

• N.Y. Surr. Ct. Proc. Act § 1506 — Nonliability for acts of predecessor executor A trustee who was not an executor of the estate of the same decedent shall not be liable fo...
• N.Y. Surr. Ct. Proc. Act § 1507 — Authority to mortgage, sell, lease or exchange 1
• N.Y. Surr. Ct. Proc. Act § 1508 — Authority to release claims against the state by reason of appropriation of trust property not subject to power of sale 1
• N.Y. Surr. Ct. Proc. Act § 1509 — Power over lifetime trusts Except to the extent inconsistent with other provisions of this act, the surrogate having jurisdiction of a li...
• N.Y. Surr. Ct. Proc. Act § 1601 — Legislative declaration of purpose It is the intent and purpose of this article that ancillary administration shall be granted in this st...
• N.Y. Surr. Ct. Proc. Act § 1602 — Ancillary probate based upon domiciliary probate 1
• N.Y. Surr. Ct. Proc. Act § 1603 — Effect of right to contest or of revocation 1
• N.Y. Surr. Ct. Proc. Act § 1604 — Ancillary letters on foreign will 1
• N.Y. Surr. Ct. Proc. Act § 1605 — Original probate 1
• N.Y. Surr. Ct. Proc. Act § 1606 — Proof of will by probate in non-domiciliary jurisdiction In the case of original probate of the will of a non-domiciliary testator an aut...
• N.Y. Surr. Ct. Proc. Act § 1607 — Ancillary letters of administration 1
• N.Y. Surr. Ct. Proc. Act § 1608 — Ancillary letters generally 1
• N.Y. Surr. Ct. Proc. Act § 1609 — Petition; process 1
• N.Y. Surr. Ct. Proc. Act § 1610 — General powers and duties of ancillary fiduciary 1
• N.Y. Surr. Ct. Proc. Act § 1611 — Ancillary administration of estate of absentee If it appears that the foreign probate or the grant of foreign administration was based up...
• N.Y. Surr. Ct. Proc. Act § 1612 — Effect of adjudication for or against fiduciary A prior adjudication rendered by a court of competent jurisdiction for or against an esta...
• N.Y. Surr. Ct. Proc. Act § 1613 — Application of general law Except where special provision is made otherwise, the law of this state relating to wills and to the probate, ...
• N.Y. Surr. Ct. Proc. Act § 1614 — Authentication of foreign will or letters In any case in which a foreign will or letters are required to be proved under this article, th...
• N.Y. Surr. Ct. Proc. Act § 1615 — Record of wills and letters recorded under former law The record in the court or an authenticated copy of the record of any will recorded...
• N.Y. Surr. Ct. Proc. Act § 1616 — Application of article This article shall apply only to the wills and estates of non-domiciliaries
• N.Y. Surr. Ct. Proc. Act § 1701 — Power of court The court has power over the property of an infant and is authorized and empowered to appoint a guardian of the person or ...
• N.Y. Surr. Ct. Proc. Act § 1702 — Jurisdiction 1
• N.Y. Surr. Ct. Proc. Act § 1703 — Petition for appointment; by whom made A petition for the appointment of a guardian of the person or property, or both, of an infant may ...
• N.Y. Surr. Ct. Proc. Act § 1704 — Petition for appointment; contents A petition for the appointment of a guardian of an infant must show: 1
• N.Y. Surr. Ct. Proc. Act § 1705 — Persons to be served 1
• N.Y. Surr. Ct. Proc. Act § 1706 — Proceedings thereupon 1
• N.Y. Surr. Ct. Proc. Act § 1707 — Decree appointing guardian; term of office 1
• N.Y. Surr. Ct. Proc. Act § 1708 — Bonding Requirements; Investment of Guardianship Funds 1
• N.Y. Surr. Ct. Proc. Act § 1709 — Appointment of guardian by supreme court 1
• N.Y. Surr. Ct. Proc. Act § 1710 — Will or deed containing appointment to be proved A person shall not exercise within the state any power or authority as guardian of the p...
• N.Y. Surr. Ct. Proc. Act § 1711 — Guardian by will or deed; qualification; renunciation 1
• N.Y. Surr. Ct. Proc. Act § 1712 — Appointment of successor When no guardian by will or deed remains in office a guardian may be appointed by the court with all the powers ...
• N.Y. Surr. Ct. Proc. Act § 1713 — Administration of infant's property 1
• N.Y. Surr. Ct. Proc. Act § 1714 — Power to manage during minority property vested in an infant The donee of a power to manage during minority property vested in an infant ...
• N.Y. Surr. Ct. Proc. Act § 1715 — Authority of guardian to sell, lease, exchange or mortgage 1
• N.Y. Surr. Ct. Proc. Act § 1716 — Application for ancillary letters to foreign guardians 1
• N.Y. Surr. Ct. Proc. Act § 1717 — Proceedings thereupon 1
• N.Y. Surr. Ct. Proc. Act § 1718 — Effect of such letters 1
• N.Y. Surr. Ct. Proc. Act § 1719 — Annual account A guardian of an infant's property must within the counties within the city of New York and within the counties of Nassau,...
• N.Y. Surr. Ct. Proc. Act § 1720 — Affidavit to be annexed thereto To each account as prescribed in the preceding section must be appended the affidavit of the guardian to ...
• N.Y. Surr. Ct. Proc. Act § 1721 — Annual examination of guardian's accounts In the month of February of each year and thereafter until completed or at such other time as t...
• N.Y. Surr. Ct. Proc. Act § 1722 — Proceedings where account defective 1
• N.Y. Surr. Ct. Proc. Act § 1723 — Powers of a guardian of the property
• N.Y. Surr. Ct. Proc. Act § 1724 — Custodians An infant or a custodian acting under part six of article seven of the estates, powers and trusts law shall be subject to the ...
• N.Y. Surr. Ct. Proc. Act § 1725 — Temporary guardianship by adoptive parent prior to adoption 1
• N.Y. Surr. Ct. Proc. Act § 1726 — Standby guardians 1
• N.Y. Surr. Ct. Proc. Act § 1727 — Petition for termination of account of guardian, committee, or conservator Where a guardian, committee or conservator is presently mainta...
• N.Y. Surr. Ct. Proc. Act § 1750 — Guardianship of persons who are intellectually disabled When it shall appear to the satisfaction of the court that a person is a person w...
• N.Y. Surr. Ct. Proc. Act § 1750-a — Guardianship of persons who are developmentally disabled 1
• N.Y. Surr. Ct. Proc. Act § 1750-b — Health care decisions for persons who are intellectually disabled 1
• N.Y. Surr. Ct. Proc. Act § 1751 — Petition for appointment; by whom made A petition for the appointment of a guardian of the person or property, or both, of a person who i...
• N.Y. Surr. Ct. Proc. Act § 1752 — Petition for appointment; contents The petition for the appointment of a guardian shall be filed with the court on forms to be prescribed...
• N.Y. Surr. Ct. Proc. Act § 1753 — Persons to be served 1
• N.Y. Surr. Ct. Proc. Act § 1754 — Hearing and trial 1
• N.Y. Surr. Ct. Proc. Act § 1755 — Modification order Any person who is intellectually disabled or person who is developmentally disabled eighteen years of age or older, or...
• N.Y. Surr. Ct. Proc. Act § 1756 — Limited guardian of the property When it shall appear to the satisfaction of the court that such person who is intellectually disabled or...
• N.Y. Surr. Ct. Proc. Act § 1757 — Standby guardian of a person who is intellectually disabled or person who is developmentally disabled 1
• N.Y. Surr. Ct. Proc. Act § 1758 — Court jurisdiction 1
• N.Y. Surr. Ct. Proc. Act § 1759 — Duration of guardianship 1
• N.Y. Surr. Ct. Proc. Act § 1760 — Corporate guardianship No corporation may be appointed guardian of the person under the provisions of this article, except that a non-pro...
• N.Y. Surr. Ct. Proc. Act § 1761 — Application of other provisions To the extent that the context thereof shall admit, the provisions of article seventeen of this act shall...
• N.Y. Surr. Ct. Proc. Act § 1802 — Effect of failure to present claim If any claim is not presented within 7 months from the date of issue of letters, the fiduciary shall n...
• N.Y. Surr. Ct. Proc. Act § 1803 — Form and verification of claims; service of notice 1
• N.Y. Surr. Ct. Proc. Act § 1804 — Contingent or unliquidated claims; retention of assets for estate taxes 1
• N.Y. Surr. Ct. Proc. Act § 1805 — Determination of issues arising between representative and the estate; suspension of statute of limitations in certain cases 1
• N.Y. Surr. Ct. Proc. Act § 1806 — Allowance or rejection of claims 1
• N.Y. Surr. Ct. Proc. Act § 1807 — Effect of allowance of claim by fiduciary 1
• N.Y. Surr. Ct. Proc. Act § 1808 — Effect of rejection of claim by fiduciary 1
• N.Y. Surr. Ct. Proc. Act § 1809 — Proceeding to determine validity and enforceability of claims 1
• N.Y. Surr. Ct. Proc. Act § 1810 — Claimant's right to action at law or in equity Nothing in this article shall prevent a claimant from commencing an action on his claim at...
• N.Y. Surr. Ct. Proc. Act § 1811 — Payment of debts and funeral expenses 1
• N.Y. Surr. Ct. Proc. Act § 1812 — Leave to issue execution against decedent's real property For the purpose of procuring a decree granting leave to issue execution against...
• N.Y. Surr. Ct. Proc. Act § 1813 — Disputed or unsettled debt or claim may be compromised, compounded or sold; compromise of infant's claim or action in supreme court 1
• N.Y. Surr. Ct. Proc. Act § 1814 — Application The provisions of this article are not applicable to trusts or the administration thereof
• N.Y. Surr. Ct. Proc. Act § 1901 — Real property subject to disposition; "disposition" and "fiduciary" defined 1
• N.Y. Surr. Ct. Proc. Act § 1902 — For what purposes real property is subject to disposition The real property may be disposed of for any or all of the following purposes: 1
• N.Y. Surr. Ct. Proc. Act § 1903 — Limitations 1
• N.Y. Surr. Ct. Proc. Act § 1904 — Petition and process 1
• N.Y. Surr. Ct. Proc. Act § 1905 — When disposition may be refused or delayed 1
• N.Y. Surr. Ct. Proc. Act § 1906 — Trial and determination of debts, claims and expenses; statute of limitations 1
• N.Y. Surr. Ct. Proc. Act § 1907 — Order determining disposition of real property 1
• N.Y. Surr. Ct. Proc. Act § 1908 — Order in which parcels shall be sold If the sale of real property is necessary for the purposes set forth in 1902, subdivisions 1, 2, 3 o...
• N.Y. Surr. Ct. Proc. Act § 1909 — Rights of the parties to be determined; unknowns 1
• N.Y. Surr. Ct. Proc. Act § 1910 — Bond of fiduciary 1
• N.Y. Surr. Ct. Proc. Act § 1911 — Order to be executed and report made 1
• N.Y. Surr. Ct. Proc. Act § 1912 — Effect of death of fiduciary 1
• N.Y. Surr. Ct. Proc. Act § 1913 — Conclusiveness of mortgage, lease, conveyance or release executed pursuant to order The mortgage, lease, conveyance or release made pursu...
• N.Y. Surr. Ct. Proc. Act § 1914 — Execution of the order; decree of judicial settlement 1
• N.Y. Surr. Ct. Proc. Act § 1915 — Allowance on bid to spouse, beneficiary or creditor purchasing 1
• N.Y. Surr. Ct. Proc. Act § 1916 — Provision for payment of undetermined claims and debts not yet due If any claim remains undetermined at the making of the decree or any d...
• N.Y. Surr. Ct. Proc. Act § 1917 — Effect of conveyance of decedent's interest under contract 1
• N.Y. Surr. Ct. Proc. Act § 1918 — Right of life tenant to be considered in disposition; distribution of moneys realized
• N.Y. Surr. Ct. Proc. Act § 1919 — Restitution from assets subsequently discovered Where a decree has been made for the application of the proceeds of real property as pres...
• N.Y. Surr. Ct. Proc. Act § 1920 — Disposition of surplus in action to enforce mortgage or other lien 1
• N.Y. Surr. Ct. Proc. Act § 1921 — Conveyance of real property by fiduciary to vendee of contract of sale made by decedent 1
• N.Y. Surr. Ct. Proc. Act § 1922 — Conclusive presumption after 10 years
• N.Y. Surr. Ct. Proc. Act § 1923 — Fiduciary of a decedent to notify local assessor of disposition Whenever the fiduciary of a decedent or his successor shall direct, or ta...
• N.Y. Surr. Ct. Proc. Act § 2001 — Definition When used in this article the term fiduciary includes, where no fiduciary has been appointed, any person in actual or construc...
• N.Y. Surr. Ct. Proc. Act § 2003 — Opening safe deposit box 1
• N.Y. Surr. Ct. Proc. Act § 2101 — General provisions Unless otherwise indicated 1
• N.Y. Surr. Ct. Proc. Act § 2102 — Proceedings for relief against a fiduciary A proceeding may be commenced to require a fiduciary: 1
• N.Y. Surr. Ct. Proc. Act § 2103 — Proceeding by fiduciary to discover property withheld or obtain information 1
• N.Y. Surr. Ct. Proc. Act § 2104 — Inquiry; trial and decree 1
• N.Y. Surr. Ct. Proc. Act § 2105 — Proceeding to compel delivery of property by a fiduciary which is claimed by another or others 1
• N.Y. Surr. Ct. Proc. Act § 2106 — Proceeding for compromise of controversies between claimants to property or estates where interests of persons under disability or not in...
• N.Y. Surr. Ct. Proc. Act § 2107 — Court may direct as to value, manner and time of sale of property and give advice and direction in extraordinary circumstances 1
• N.Y. Surr. Ct. Proc. Act § 2108 — Proceeding by fiduciary for continuation of a business A fiduciary may petition for the continuation of a business other than a professio...
• N.Y. Surr. Ct. Proc. Act § 2109 — Money paid into court and securities taken; how disposed of The provisions of CPLR 2601 to 2608 inclusive shall be applicable to property...
• N.Y. Surr. Ct. Proc. Act § 2110 — Compensation of attorneys 1
• N.Y. Surr. Ct. Proc. Act § 2111 — Ex parte application for advance payment of fees of an attorney-fiduciary or guardian ad litem 1
• N.Y. Surr. Ct. Proc. Act § 2112 — Compensation of persons acting under powers of attorney or other instruments 1
• N.Y. Surr. Ct. Proc. Act § 2113 — Proof or probate of heirship 1
• N.Y. Surr. Ct. Proc. Act § 2114 — Review of compensation of corporate trustee 1
• N.Y. Surr. Ct. Proc. Act § 2115 — Review of costs of delegation by trustee 1
• N.Y. Surr. Ct. Proc. Act § 2201 — Accountability of legal life tenant or fiduciary, committee or conservator of legal life tenant Every right granted by this article to or...
• N.Y. Surr. Ct. Proc. Act § 2202 — Recording or filing instruments settling accounts in part or in whole There may be recorded or filed in the court any instrument settling...
• N.Y. Surr. Ct. Proc. Act § 2203 — Decree on filing instruments approving accounts 1
• N.Y. Surr. Ct. Proc. Act § 2204 — Judicial settlement where recovery has been had in negligence action 1
• N.Y. Surr. Ct. Proc. Act § 2205 — Compulsory account and related relief on a court's own initiative or on petition; who may petition 1
• N.Y. Surr. Ct. Proc. Act § 2206 — Compulsory account and related relief; proceedings thereupon 1
• N.Y. Surr. Ct. Proc. Act § 2207 — Accounting by fiduciary of deceased fiduciary, committee of incompetent fiduciary, or conservator of conservatee fiduciary 1
• N.Y. Surr. Ct. Proc. Act § 2208 — Voluntary account; who may petition In any of the following cases a fiduciary may present to the court his account and a petition praying...
• N.Y. Surr. Ct. Proc. Act § 2209 — Affidavit to account To each account filed in the court, as prescribed in this article, must be appended the affidavit of the accounting ...
• N.Y. Surr. Ct. Proc. Act § 2210 — Voluntary account; process Upon a voluntary judicial settlement of the account of a fiduciary process must issue to: 1
• N.Y. Surr. Ct. Proc. Act § 2211 — Voluntary account; proceedings thereupon 1
• N.Y. Surr. Ct. Proc. Act § 2212 — Accounting for profit and loss No profit shall be made by a fiduciary by the increase nor shall he sustain any loss by the decrease or lo...
• N.Y. Surr. Ct. Proc. Act § 2213 — Accounting for claim for funeral expenses 1
• N.Y. Surr. Ct. Proc. Act § 2214 — Property of estate to be delivered on order 1
• N.Y. Surr. Ct. Proc. Act § 2215 — Decree for payment and distribution 1
• N.Y. Surr. Ct. Proc. Act § 2216 — Distribution in kind At any time during the administration of an estate or upon an accounting the court may direct the conveyance of any ...
• N.Y. Surr. Ct. Proc. Act § 2217 — When money or property may be retained 1
• N.Y. Surr. Ct. Proc. Act § 2218 — Deposit in court for benefit of legatee, distributee or beneficiary
• N.Y. Surr. Ct. Proc. Act § 2219 — Adjustment of advancements Where there is a surplus of personal property to be distributed and the advancement as provided in EPTL 2-1
• N.Y. Surr. Ct. Proc. Act § 2220 — Payment of share of infant, incompetent or conservatee or person under disability 1
• N.Y. Surr. Ct. Proc. Act § 2221 — Payment of legacy or distributive share to foreign fiduciary 1
• N.Y. Surr. Ct. Proc. Act § 2222 — Legacy or distributive share payable to unknown person to be paid to comptroller 1
• N.Y. Surr. Ct. Proc. Act § 2222-a — Notice of legacy or distributive share payable to incarcerated individual or prisoner Where the legatee, distributee or beneficiary is an...
• N.Y. Surr. Ct. Proc. Act § 2223 — Funds paid into court 1
• N.Y. Surr. Ct. Proc. Act § 2224 — Id
• N.Y. Surr. Ct. Proc. Act § 2225 — Determination of distributees, devisees, legatees, beneficiaries and distributive and beneficial shares In any proceeding where the court...
• N.Y. Surr. Ct. Proc. Act § 2226 — Rights of alleged decedent upon return If letters shall issue upon the estate of an alleged decedent and if thereafter the person alleged...
• N.Y. Surr. Ct. Proc. Act § 2227 — Summary statement Each decree whereby an account is judicially settled must contain in the body thereof a summary statement of the accoun...
• N.Y. Surr. Ct. Proc. Act § 2301 — Costs, general 1
• N.Y. Surr. Ct. Proc. Act § 2302 — Award of costs and allowances 1
• N.Y. Surr. Ct. Proc. Act § 2303 — Security for costs 1
• N.Y. Surr. Ct. Proc. Act § 2304 — Costs of appeal 1
• N.Y. Surr. Ct. Proc. Act § 2305 — Fees of appraisers An appraiser is entitled in addition to his actual expenses, to a sum to be fixed by the court for his services in mak...
• N.Y. Surr. Ct. Proc. Act § 2306 — Annual statements to be furnished to beneficiaries Any trustee, donee of a power during minority or donee of a power in trust who is not ...
• N.Y. Surr. Ct. Proc. Act § 2307 — Commissions of fiduciaries other than trustees 1
• N.Y. Surr. Ct. Proc. Act § 2307-a — Commissions of attorney-executor 1
• N.Y. Surr. Ct. Proc. Act § 2308 — Commissions of trustees, donees of power during minority and donees of powers in trust under wills of persons dying, or under lifetime tr...
• N.Y. Surr. Ct. Proc. Act § 2309 — Commissions of trustees, of donees of powers during minority and of donees of powers in trust under wills of persons dying, or lifetime t...
• N.Y. Surr. Ct. Proc. Act § 2310 — Payment on account of commissions 1
• N.Y. Surr. Ct. Proc. Act § 2311 — Ex parte application for advance payment of commissions 1
• N.Y. Surr. Ct. Proc. Act § 2312 — Commissions of corporate trustees, including when acting as donees of powers during minority or donees of power in trust 1
• N.Y. Surr. Ct. Proc. Act § 2313 — Multiple commissions of executors or trustees, donees of powers during minority, or donees of power in trust under wills of persons dying...
• N.Y. Surr. Ct. Proc. Act § 2401 — Fees in the surrogate's court; general provisions 1
• N.Y. Surr. Ct. Proc. Act § 2402 — Fees
• N.Y. Surr. Ct. Proc. Act § 2403 — Fees of court reporter in surrogate's court Except where otherwise agreed or when special provision is otherwise made by statute a court ...
• N.Y. Surr. Ct. Proc. Act § 2404 — Expenses Where upon the application of any party the surrogate or any of the personnel of the court goes to a place other than the court ...
• N.Y. Surr. Ct. Proc. Act § 2501 — Records to be kept by court; general requirements 1
• N.Y. Surr. Ct. Proc. Act § 2502 — Books to be kept by clerk The clerk shall keep and maintain: 1
• N.Y. Surr. Ct. Proc. Act § 2504 — Wills to be retained after probate; exceptions 1
• N.Y. Surr. Ct. Proc. Act § 2505 — Transmission of wills of non-domiciliaries and domiciliaries of another county before probate Whenever it appears that an instrument purp...
• N.Y. Surr. Ct. Proc. Act § 2506 — Recording wills proved within the state 1
• N.Y. Surr. Ct. Proc. Act § 2507 — Reception of wills for safekeeping 1
• N.Y. Surr. Ct. Proc. Act § 2508 — Filing of will of decedent
• N.Y. Surr. Ct. Proc. Act § 2509 — Firearms inventory Whenever, by regulation, rule or statute, a fiduciary or attorney of record must file a list of assets constituting a ...
• N.Y. Surr. Ct. Proc. Act § 2601 — When court open; terms and sessions 1
• N.Y. Surr. Ct. Proc. Act § 2602 — Terms of courts and powers of judges in counties having more than one judge of the surrogate's court
• N.Y. Surr. Ct. Proc. Act § 2603 — Surrogate and acting surrogate 1
• N.Y. Surr. Ct. Proc. Act § 2604 — Disqualification of judge 1
• N.Y. Surr. Ct. Proc. Act § 2605 — Chief clerk, deputy chief clerk and other personnel of the courts unless otherwise provided for a particular county 1
• N.Y. Surr. Ct. Proc. Act § 2606 — Chief clerk and deputy chief clerk of the surrogate's court and other personnel in Bronx, Kings, New York, Queens and Richmond counties 1
• N.Y. Surr. Ct. Proc. Act § 2607 — Court reporters 1
• N.Y. Surr. Ct. Proc. Act § 2608 — Expenses of surrogate or clerk Where, upon the application of any party, the judge or clerk of the surrogate's court goes to a place othe...
• N.Y. Surr. Ct. Proc. Act § 2609 — Powers of chief clerk and other officers of the surrogate's court 1
• N.Y. Surr. Ct. Proc. Act § 2610 — Commissioner of records of surrogate's court, New York county; appointment; salary; duties 1
• N.Y. Surr. Ct. Proc. Act § 2611 — Other court matters 1
• N.Y. Surr. Ct. Proc. Act § 2701 — Appeal; general applicability of CPLR
• N.Y. Surr. Ct. Proc. Act § 2702 — Proceedings upon remittitur
• N.Y. Surr. Ct. Proc. Act § 2801 — Repeal of surrogate's court act
• N.Y. Surr. Ct. Proc. Act § 2802 — Pending and subsequent actions and proceedings This act shall apply to all actions and proceedings hereafter commenced
• N.Y. Surr. Ct. Proc. Act § 2803 — Reference to surrogate's court act This act shall succeed the surrogate's court act and shall be deemed substituted therefor throughout t...
• N.Y. Surr. Ct. Proc. Act § 2804 — Effect of unconstitutionality in part If any clause, sentence, paragraph, subdivision, section or part of this chapter shall be adjudged ...
• N.Y. Surr. Ct. Proc. Act § 2805 — Effective date This act shall take effect September first, nineteen hundred sixty-seven