{4 minutes to read} As a Trusts and Estates Attorney, I frequently appear in the Surrogate’s Court, whether I’m there to offer a Will for probate, have an Administrator appointed when someone dies without a Will, deal with a contested accounting between beneficiaries and the Executor, or handling a guardianship proceeding. In 20+ years of practicing before the Surrogate’s Court, I sometimes say that I have seen it all – only to have a new and novel matter come up that requires a Court proceeding.
At any time you’re interacting with the Surrogate’s Court, one of the most important things is to be well-prepared. Certainly, if you are appearing before a judge, that is appreciated and, in fact, expected of you to be very well prepared by the time they call your case. However, it’s more than just dealing with the judge. The Surrogate’s Courts in New York have a wealth of information available that can help everyone who appears before the Court — whether they’re an attorney or not — and often provide incredibly helpful resources.
Here’s a short list of what you might find on the website for any of the individual Surrogate’s Courts in New York State.
1. Records
As I mentioned in a previous article, since 2014, all Surrogate’s Courts in New York State have made the vast majority of their records available online. The Court makes them available on a website called WebSurrogate, which allows you to search by the deceased’s name or file number. Some information is not available due to privacy concerns, such as death certificates, but by and large, much information is available under the law. What used to involve bringing a couple of rolls of quarters to the record room can now be done from their favorite, comfortable, easy chair at their convenience, 24/7.
2. Calendars
Some Courts make their calendars available on their websites, while others do not. For example, every Friday, the Kings County Surrogate’s Court in Brooklyn publishes its calendar for the upcoming week. If someone is, for example, appearing in response to a Citation, before they go to the Courthouse, they can 1) confirm that they are actually on the calendar, and 2) see what number they are in the order of cases being called that day. It’s incredibly helpful information.
3. Forms
The Surrogate’s Courts provide a variety of fill-in-the-blank forms available to both attorneys and individuals proceeding in Surrogate’s Court without an attorney. The forms are readily available on the websites listed here. However, I’d also encourage people to visit the individual Courts’ websites, as some Courts (for example, Queens County) have extensive libraries of their preferred forms.
4. Rules of Procedure
The Surrogate’s Court has numerous procedural rules. For example, some items may be filed electronically, while others cannot. Reviewing the Court’s rules will be very helpful and could save individuals significant time by ensuring filings are completed correctly and preventing delays.
5. General Courthouse Information
The Court’s websites provide general but helpful information, such as the Court’s location and address, phone numbers, and, in some cases, email addresses for various offices/departments within the Court. The Court’s opening and closing hours, including whether certain offices close for lunch or close earlier in the day than others, etc. Again, this information is here to help you prepare for your visit to the Courthouse.
As one can see, a variety of information is available on these websites for those who know where to find it and are willing to do some reading, making their interactions with the Courts easier going forward.
For more information on this topic, please do not hesitate to contact me.