Mark Glendon

4 Things to Know About Surrogate's Court

New York is home to a complex court structure. What court you go to depends entirely on your unique situation. If you're dealing with estates and probate matters, you typically go to Surrogates Court.

Surrogate Court exists in all counties throughout New York State. It hears cases involving the affairs of descendants, typically handling the probate of wills and administering trust proceedings. Estate matters can be complex, and this court can help ensure that all assets go to their rightful owner after a descendant passes.

Here are a few common proceedings in the Surrogate's Court and important things you need to know about the court.

Probate

A probate is a judicial process that analyzes, authenticates and administers a will. The goal of probate proceedings is to prove to the Judge that a deceased person's Will was their true Last Will and Testament. The court's job is to name the person in the Will as the Executor, ensuring they carry out the wishes detailed in the Will.

Administration

Surrogates Court can also collect and distribute assets if the deceased person does not have a will. This legal proceeding can be complex, especially when several people make a claim to a descendant's assets. In these cases, the Court will determine where those assets go. Judges will hear the cases of possible beneficiaries and make relevant decisions to distribute assets fairly.

Sometimes, the Court may do voluntary administration when personal assets don't exceed $50,000.

Trust Proceedings

Another common proceeding that occurs in this court is trust administration. The Court handles two types of trusts. These include trusts created during the settlor's lifetime and those arising after the settlor's death.

Guardianship and Adoption Proceedings

In addition to standard estate proceedings, this court also hears guardianship and adoption cases. In guardianship proceedings, the Court decides who gets guardianship over children under 18 and adults with intellectual abilities. The Court also appoints someone to safeguard the child or adult's assets.

In adoption cases, the Court handles cases involving infant adoption, adult adoption, foreign adoption, family adoption and more.

Author Resource:-

Mark writes often about estate planning. His articles may include topics like real estate closing attorney and business succession laws to help the people in needs. You can find his thoughts at real estate law blog.