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 E-Filing and Covid-19?
Continue Reading Filing Original Will and Death Certificate in New York County Surrogate’s Court
Secret Rules
New York County Surrogate’s Court: Decree Requirements When Probating Duplicate Original Wills
By Daniel J. Reiter on
Posted in Secret Rules
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:Continue Reading New York County Surrogate’s Court: Decree Requirements When Probating Duplicate Original Wills
Kings County Signature and Verification Requirements for Petitions Change
By Daniel J. Reiter on
Posted in Secret Rules
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.
Pursuant to CPLR § 3020(d)(3), “if the party … is not in the county…
Surrogate Thompson Requires Working Copies in E-Filed Cases
By Daniel J. Reiter on
Posted in Secret Rules
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.
Kings County Petitions for a Compulsory Accounting Cannot Include a Request for Additional Relief
By Daniel J. Reiter on
Posted in Secret Rules
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:…