New York Surrogate's Court Monitor

Reporting the secret and hidden rules of New York’s probate court

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Latest from New York Surrogate's Court Monitor

The Westchester County Surrogate’s Court now permits reimbursement from the estate to counsel for executors and administrators for Federal Express charges incurred, a change to the court’s past practices, potentially setting off a broader trend reflecting technological changes in the courts and new communications customs resulting from Covid-19. In Estate of Patt (2015-784/A), Surrogate Brandon R. Sall issued an Amended Decision dated February 16, 2021 allowing the law firm of Schupbach, Williams & Pavone, LLP…
Retrieving an original copy of a death certificate in New York City usually isn’t a big challenge, but it can be if the client’s degree of kindred to the decedent is too remote, like a cousin. In my practice, the issue often comes up when the client is a cousin and an alleged heir in a kinship proceeding in one of the five boroughs of NYC. As a cousin, the client may be an “…
The Kings County Surrogate’s Court prohibits petitioners from stating “any further relief requested” in the form JA-10 (1/2004) Petition for a Compulsory Accounting and Related Relief SCPA 2205. The form JA-10, entitled “Petition for a Compulsory Accounting and Related Relief SCPA 2205 (emphasis added)” includes a provision on page 1 that reads: “[NOTE: Complete Paragraph 6 IF relief requested is in addition to a compulsory accounting.]” Paragraph 6 gives the petitioner extra space to…
Probating a will which exercises a power of appointment may mean more work than usual before jurisdiction is marked complete. Pursuant to Uniform Rule 207.19(d): In a probate proceeding where the will purports to exercise a power of appointment, a copy of the instrument creating the power of appointment must be furnished, and the petition for probate shall list those named in said instrument who are adversely affected by the probate of such will.…