The Surrogate's Court
The Surrogate's Court is the trial court that handles administration proceedings. In New York, the Surrogate's Court has jurisdiction over all decedents' affairs. The Surrogate's Court derives power from the New York State Constitution. The New York State Constitution Article IV, Section 12(d) provides the power of the Surrogate's Court. The court has power over "all actions and proceedings relating to the affairs of decedents, probate of wills, administration of estates and actions and proceedings arising thereunder or pertaining thereto, guardianship of the property of minors, and such other actions or proceedings, not within the exclusive jurisdiction of the Supreme Court, as may be governed by law." This encompasses the limited jurisdiction of the Surrogate's Court.
There are sixty-two counties in New York. Each county has a Surrogate's Court. The presiding judge is known as the Surrogate. Each county has one Surrogate, with the exception of New York County and King County which have two. The Surrogate is responsible for hearing all types of cases including cases involving the administration of a decedent's estate. Information regarding the Surrogate's Court and be found at www.nycourts.gov/courts.
There are sixty-two counties in New York. Each county has a Surrogate's Court. The presiding judge is known as the Surrogate. Each county has one Surrogate, with the exception of New York County and King County which have two. The Surrogate is responsible for hearing all types of cases including cases involving the administration of a decedent's estate. Information regarding the Surrogate's Court and be found at www.nycourts.gov/courts.
Sources of Case Law In New York
The Surrogate is responsible for developing case law in this area. Case law is an important primary source. These decisions can be obtained in many ways. New York publishes their Official Reports on cases and decisions. There are official reporters for each level of court in New York. The official reporter for the Court of Appeals can be found in the New York Reports, containing three volumes. The official reporter of the Supreme Court, Appellate Division, is published in the Appellate Division Reports. Finally, the decisions of the trial courts, which include cases in the Surrogate's Court, can be found Miscellaneous Reports.
The New York State Official Reports can be found in book form in the Gould Law Library. The three volumes can be located under the call number KFN5045. A2. The Appellate Division Reports are located under the call number KFN5048. A2 and the Miscellaneous Reports are located under call number KFN5051. A2.
Another method of accessing these reports or the cases contained therein is through electronic methods. WestLaw and LexisNexis offer a multitude of ways to locate the cases contained in each source. You can search a case by its name, by the citation to the reporter, or browsing the reporter through an electronic source.
In searching a case on WestLawNext, you can click on the heading "Cases" and selecting the jurisdiction "New York." This generates list of options to search in, one being the "New York Official Reports." Selecting the link will produce the ten most recent case decisions. The search box at the top will allow you to enter in your search terms to locate cases on dealing with "decedents' estates." New York also offers two unofficial reporters, New York Supplemental and the North Eastern Reporter. New York Supplemental offers cases for all three levels of the court, while, the North Eastern Reporter covers Court of Appeals Decisions.
In addition to the reporters, the New York Law Journal is an important source of case law, especially for the Surrogate's Court decisions. The New York Law Journal tends to publish more Surrogate's Court decisions then the reporters in New York.
The New York State Official Reports can be found in book form in the Gould Law Library. The three volumes can be located under the call number KFN5045. A2. The Appellate Division Reports are located under the call number KFN5048. A2 and the Miscellaneous Reports are located under call number KFN5051. A2.
Another method of accessing these reports or the cases contained therein is through electronic methods. WestLaw and LexisNexis offer a multitude of ways to locate the cases contained in each source. You can search a case by its name, by the citation to the reporter, or browsing the reporter through an electronic source.
In searching a case on WestLawNext, you can click on the heading "Cases" and selecting the jurisdiction "New York." This generates list of options to search in, one being the "New York Official Reports." Selecting the link will produce the ten most recent case decisions. The search box at the top will allow you to enter in your search terms to locate cases on dealing with "decedents' estates." New York also offers two unofficial reporters, New York Supplemental and the North Eastern Reporter. New York Supplemental offers cases for all three levels of the court, while, the North Eastern Reporter covers Court of Appeals Decisions.
In addition to the reporters, the New York Law Journal is an important source of case law, especially for the Surrogate's Court decisions. The New York Law Journal tends to publish more Surrogate's Court decisions then the reporters in New York.
Places to Locate the Rules of the Surrogate's Court
The uniform rules of the Surrogate's Court can be located under section 207 of title 22 of the New York Code, Rules and Regulations. These rules can be located on the official court website of New York at http://www.courts.state.ny.us/rules/trialcourts/207.shtml#01.
To locate these rules on WestLaw, select the "Regulation" link and click on "New York." This brings you to a list of all twenty-three titles of the New York Code, Rules and Regulations. By selecting Title 22, you will be able to search the judiciary rules of the court. in order to search the rules on LexisNexis, click on the "New York" tab and select the option for "Find Statutes, Regulations, Administrative Materials & Court Rules." The NYCRR will be a option which can be selected and searched.
Local Court Rules & Judges Individual Rules
It is important to consider local judicial rules of each individual court. This can be rules exclusive to the county or rules of a particular judge. These rules are often posted on the counties website or judges individual page. This is not as common with the Surrogate's Court and the Surrogate as it is with other courts and judges in New York.
Suffolk County Surrogates Court website: http://www.nycourts.gov/courts/10jd/suffolk/surrogates.shtml
Nassau County Surrogate's Court website: http://www.courts.state.ny.us/courts/10jd/nassau/surrogates.shtml
Other Useful Links
Free Case Law
Cornell University Legal Information Institute
Justia
Onecle
Estates Support and Frequently Asked Questions
Official New York State Surrogate's Court FAQ (provides answers to basic estate questions).
New York City Bar Association (links to help with estate questions).
To locate these rules on WestLaw, select the "Regulation" link and click on "New York." This brings you to a list of all twenty-three titles of the New York Code, Rules and Regulations. By selecting Title 22, you will be able to search the judiciary rules of the court. in order to search the rules on LexisNexis, click on the "New York" tab and select the option for "Find Statutes, Regulations, Administrative Materials & Court Rules." The NYCRR will be a option which can be selected and searched.
Local Court Rules & Judges Individual Rules
It is important to consider local judicial rules of each individual court. This can be rules exclusive to the county or rules of a particular judge. These rules are often posted on the counties website or judges individual page. This is not as common with the Surrogate's Court and the Surrogate as it is with other courts and judges in New York.
Suffolk County Surrogates Court website: http://www.nycourts.gov/courts/10jd/suffolk/surrogates.shtml
Nassau County Surrogate's Court website: http://www.courts.state.ny.us/courts/10jd/nassau/surrogates.shtml
Other Useful Links
Free Case Law
Cornell University Legal Information Institute
Justia
Onecle
Estates Support and Frequently Asked Questions
Official New York State Surrogate's Court FAQ (provides answers to basic estate questions).
New York City Bar Association (links to help with estate questions).