Records of all wills and other estate administration documents are filed with the Alternate Court. Substitute Court records are available for consultation by title seekers, genealogists and the public. The New York Probate Court is called Surrogate`s Court. There is a separate alternative court in each district. The judge who oversees probate matters in the Surrogate Court is called a surrogate mother. Because they handle thousands of cases, they don`t supervise every single one of them. It is the function of the executive to do that. If you are following the estate process in New York, contact a lawyer to help you. When a document is submitted to the court, it can be mailed or someone can go to court to file the document. The person issuing the document does not need to be the designated executor or his or her lawyer.
An employee, paralegal, messenger or other person can take it to court. Even the customer can bring it. Some courts may prefer documents to be mailed. Frequent efforts have been made to abolish the Surrogate Court and redistribute its powers to the New York Supreme Court (the General Court of First Instance) and the Family Court. The latest efforts stem from the corruption scandal surrounding former Brooklyn replacement Michael Feinberg, who was removed from the bank in 2005. [5] [6] There are a large number of experienced judges in the alternative courts of New York. Most of them are diligent and very kind to the people who appear before them The New York State Court of Substitution handles all probate and probate proceedings in the unified new york state court system. All wills are examined before this court and all estates of persons who die without a will are dealt with before this court. Unclaimed property of the deceased without a will will be dealt with by the judge of that court. It also deals with adoptions.
Each of New York`s 62 counties has a deputy judge, with the exception of New York and Kings counties, which each have two. An alternate agent is a bailiff elected by the people who is responsible for wills, estate administration, and more. The alternative court allows people to have cell phones with them in court, but should not carry a gun. There is an alternative court in every county in the state. [1] The judges of this court are called “county substitutes [X].” [2] The surrogate mother is elected nationally and must reside in the county concerned. Each of New York`s 62 boroughs has a surrogate mother, with the exception of New York County and Kings County, which each have two. Surrogate mothers are elected for a 10-year term, with the exception of those in new York`s five boroughs where surrogate mothers are elected for a 14-year term. [3] In some counties, usually those with a small population, the district court judge also holds the position of surrogate mother. [4] Most likely, people will meet with a clerk in a probate court. You don`t go before the judge, so neat and casual clothes are appropriate. Individuals do not need to wear a tie or jacket.
However, if they appear before a judge, it is appropriate to wear a tie and jacket, especially if the person is a lawyer. Every county is different, but every court has a place to park. In an area like Manhattan, parking may only be available in a commercial garage. Outside of New York City, courts offer parking for visitors and staff. It is open to the public and individuals can park there if they come by car. Most of the staff at the surrogate mothers` court are very helpful. They will help a person go through the probate process to some extent if they do not have a lawyer. Not everyone has a lawyer in the Substitute Court. Clerks are useful for most of the court`s navigation, but the law prohibits them from providing legal advice. In most New York countries, there are judges who are appointed only for succession.
However, they also cover adoptions and things like that and sometimes some forms of incompetence proceedings. The substitute court does not deal with commercial disputes, personal injury or other types of cases. You have to go to the Supreme Court, which is the court of first instance, for other questions. Today, the primary function of the surrogate mother is to make wills and appoint estate administrators. In addition, as Clerk of the New Jersey Superior Court, Chancery Division, Probate Party, the surrogate mother reviews and files lawsuits for contested estates, adoptions, declaration of death, appointment of a guardian for persons with disabilities, trustees and custodians, and formal accounting. The Substitute Court also invests and maintains trust funds for minors. All fees must only be paid in cash or by cheque. The substitute court does not accept credit cards. .