General Surrogate’s Court

Information

Each county of New York State has a Surrogate’s Court. The court deals with all types of matters related to decedents and their estates. It also handles certain types of guardianship proceedings and adoptions. For specific information on each Surrogate’s Court go to: Nassau County; Suffolk County, Queens County; New York County (Manhattan); Bronx County; Richmond County (Staten Island); Kings County (Brooklyn). Examples of matters that may be heard by the Surrogate’s Court: Probate - Proving the validity of a decedent’s last will and testament and appointment of an executor (issuance of Letters Testamentary). The court also handles will contests. Administration - If a person died without a Will (intestate), an Administration proceeding is the process by which a person is appointed to collect and distribute asset. Also known as an intestate proceeding (issuance of Letters of Administration). Voluntary Administration - (small estate administration) A simplified process of settling the estate of a decedent whose assets, in the decedent’s name alone, do not exceed $50,000 in value. Voluntary Letters of Administration cannot be used to administer real property. Accounting - if required, the fiduciary of an estate or trust files an accounting of his or her acts with the Surrogate’s Court and asks that they be discharged from further liability. Guardianship - the court presides over two types of guardianships: 1. Appointment of a guardian of a minor’s (child under 18 years of age) person, and/or of his or her property. 2. Appointment of a guardian over a mentally- retarded person or over a developmentally disabled individual person and/or property. There is no age restriction under this provision. Adoptions - the Surrogate’s court handles the following matters: 1. Infant adoptions arranged directly between the parties or with the aid of a private adoption agency. 2. Step-parent adoptions where the new partner or spouse adopts in conjunction with the birth or prior adoptive parent. 3. Family adoptions (e.g., adoption by grandparent(s) or other family members). 4. Adult adoptions where the person to be adopted is over the age of 18. 5. Foreign adoptions - usually foreign countries finalize adoptions before the new parents and child(ren) return to the U.S. While it is not required to do a re-adoption, adoptive parents may consider the benefit of a U.S. birth certificate being issued for the child. Miscellaneous Proceedings - the court presides over various types of estate and trust litigation. For example: compelling a fiduciary to account; removal of a fiduciary, surcharge a fiduciary for improper acts, setting legal fees, determine spouse’s right of election, will and trust construction, etc.

Surrogate’s Court Filing Fees

The filing fees shown below apply to all Surrogate’s Courts throughout the State of New York. The fees for filing a petition for probate, administration or accounting are calculated on the gross estate passing by will or intestacy, as follows: