New York Surrogate Court Lawyer

The New York Surrogate's Court is a specialized court that deals with probate and estate administration matters. It is responsible for overseeing the process of validating the will of a deceased person and administering their estate according to their wishes. In addition to probate, the court also handles matters related to guardianship, trusts, and other estate-related issues. The Surrogate's Court has the authority to review and approve the actions of executors, administrators, and trustees, ensuring that they are acting in the best interests of the estate and its beneficiaries. If you are facing a probate or estate-related issue in New York, the Surrogate's Court is likely to be involved in some way. An experienced New York probate lawyer at Stephen Bilkis & Associates can help you navigate the legal process and ensure that your rights and interests are protected.

Jurisdiction. The New York Surrogate's Court has jurisdiction over a wide range of matters related to estates, including the probate of wills, the administration of estates, guardianship proceedings, and trust matters. The court also has jurisdiction over a variety of other matters, including the supervision of executors and trustees, the determination of the validity of wills, and the interpretation of trusts.

Probate Proceedings. When a person dies with a valid will, the Surrogate's Court is responsible for overseeing the probate process. Probate proceedings involve validating the will, appointing an executor or administrator, and distributing the deceased person's assets according to their wishes. The Surrogate's Court also has the authority to review and approve the actions of the executor or administrator, ensuring that they are acting in the best interests of the estate and its beneficiaries. If you have questions about the probate process, contact an experienced New York probate lawyer.

Intestate Administration. If a person dies without a valid will, their estate will be administered through the process of intestate administration. In these cases, the Surrogate's Court will appoint an administrator to oversee the estate and distribute the assets according to the laws of intestate succession. The Surrogate's Court also has the authority to review and approve the actions of the administrator, ensuring that they are acting in the best interests of the estate and its heirs.

Guardianship Proceedings. The Surrogate's Court also handles matters related to guardianship, which involves appointing a guardian to care for a minor or incapacitated individual who is unable to care for themselves. The court has the authority to appoint a guardian, review their actions, and make decisions related to the care and support of the individual in question.

Trust Proceedings. The Surrogate's Court also handles matters related to trusts, which involve the management and distribution of assets held in trust for the benefit of beneficiaries. The court has the authority to review and approve the actions of trustees, ensuring that they are acting in the best interests of the beneficiaries and the trust.

Appeals. If a person is dissatisfied with the decision of the Surrogate's Court, they may appeal the decision to a higher court. The Appellate Division of the Supreme Court has the authority to hear appeals from the Surrogate's Court and review their decisions.

Here are four notable New York cases that illustrate some of the legal issues and challenges involved in determining the jurisdiction of the New York Surrogate's Court. They illustrate some of the legal issues and challenges involved in determining the jurisdiction of the Surrogate's Court, and they serve as a reminder of the importance of seeking legal counsel if you have questions or concerns about the court's jurisdiction. An experienced probate attorney in New York can help you navigate the legal process, understand the court's jurisdictional limits, and protect your rights and interests.

• In re Hennick's Estate, 223 A.D.2d 287 (N.Y. App. Div. 1996). In this case, the court considered whether the Surrogate's Court had jurisdiction over a wrongful death claim that was filed after the decedent's will had been probated. The court ultimately found that the Surrogate's Court did not have jurisdiction over the wrongful death claim and dismissed it.
• Matter of Estate of Harrison, 50 N.Y.2d 678 (N.Y. 1980). This case involved a challenge to the Surrogate's Court's jurisdiction over a dispute between beneficiaries regarding the distribution of trust assets. The court ultimately found that the Surrogate's Court did not have jurisdiction over the dispute and transferred the case to the appropriate court.
• In re Estate of Jochum, 165 A.D.3d 1505 (N.Y. App. Div. 2018). This case involved a challenge to the Surrogate's Court's jurisdiction over a petition to revoke letters of administration. The court ultimately found that the Surrogate's Court did have jurisdiction over the petition and denied the challenge.
• Matter of Fackelman, 16 Misc. 3d 1133(A) (N.Y. Sur. Ct. 2007). In this case, the court considered whether the Surrogate's Court had jurisdiction over a petition to revoke a power of attorney. The court ultimately found that the Surrogate's Court did not have jurisdiction over the petition and dismissed it.

The New York Surrogate's Court plays a critical role in the probate process, administering the estates of deceased individuals and ensuring that their assets are distributed according to their wishes. The court also has jurisdiction over matters related to guardianship, trusts, and other estate-related matters. If you need assistance with a probate or estate matter, an experienced probate attorney serving New York can help you navigate the legal process and protect your rights and interests. Contact Stephen Bilkis & Associates at 800-696-9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Long Island, Nassau County, Queens, Brooklyn, Staten Island, Suffolk County, Bronx, and Westchester County.