In a recent court conference in Queens County Surrogate’s Court, Surrogate Peter J. Kelly indicated that, all else being equal, he’s inclined to appoint as administrator of an estate the first to file their petition when there are multiple distributees
New York Surrogate's Court Monitor
Reporting the secret and hidden rules of New York’s probate court
The New York Surrogate's Court Monitor, published by the Law Firm of Daniel J. Reiter, Esq., focuses on legal issues related to New York Surrogate's Court proceedings. It covers topics such as estate administration, probate of wills, appointment of administrators, kinship proceedings, contested guardianship, and estate litigation. The blog discusses procedural aspects like filing requirements, court discretion in appointing administrators, and updates on court personnel and practices. It also addresses practical concerns for practitioners and clients involved in guardianship and inheritance disputes within New York State's Surrogate's Courts.
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Filing Original Will and Death Certificate in New York County Surrogate’s Court
When probating a will in New York County Surrogate’s Court, you’ll need to file the original will and a certified copy of the death certificate with the Probate Department. But how do you file these documents in the age of…
Surrogate Thompson Suspended. Acting Surrogate to be Named: NYLJ
Kings County Surrogate Harriet L. Thompson was suspended on Friday, according to the New York Law Journal.
An acting surrogate will be named to handle the caseload, Lucian Chalfe, the Director of Public Information for the New York State…
WebSurrogate is Back
WebSurrogate, the online document retrieval service for Surrogate’s Courts, relaunched.
The website was originally launched in the spring and quickly taken offline.
According to its website, “WebSurrogate provides information on estate proceedings and other filings within New York State…
Surrogate Thompson Begins Issuing Citations Again
Kings County Surrogate Harriet L. Thompson is once again issuing citations, according to an announcement from Surrogate Thompson’s chambers posted by the New York Law Journal.
The Kings County Surrogate’s Court Accounting Department also confirmed that Surrogate Thompson is once…
New York County Surrogate’s Court: Decree Requirements When Probating Duplicate Original Wills
New York County Surrogate’s Court has special requirements when probating duplicate original wills.
The proposed decree must include the text of the entire will(s). A sample decree provided to me by the New York County Surrogate’s Court looks like this:…
Queens County Continues to Experience Processing Delays
The Queens County Surrogate’s Court continues to require more time than usual to review submissions, advising E-Filers that it will take up to eight weeks to review documents. I recently E-Filed a Petition for Administration in Queens and received the…
Kings County Signature and Verification Requirements for Petitions Change
Kings County Surrogate’s Court now allows attorneys to verify petitions on behalf of their clients where the client is not in the county where the attorney has their office, but the Court still requires that the petitioner sign the petition.…
Using New York Penal Law to Compel Production of a Will
Most estate litigators in New York are well aware of the proceeding to compel production of a will pursuant to Surrogate’s Court Procedure Act (“SCPA”) § 1401. However, there are other remedies available against a person withholding a last…
Surrogate Thompson Requires Working Copies in E-Filed Cases
I have been advised by the Kings County Surrogate’s Court Clerk that Surrogate Harriet L. Thompson requires working copies in E-Filed cases. In other words, Surrogate Thompson requires hard copies of any documents filed with the court electronically via NYSCEF.