Is the Substitute Court user-friendly? Yes! But there are times when a party is better served if they have a lawyer. It depends on the simplicity or complexity of the case in court. For example, there are many procedures for which a person may not even need to hire a lawyer. For example, administering a very small estate (less than $30,000) or appointing a guardian for a minor. The clerks are very knowledgeable and can give you pre-printed forms and direct you to websites that will help you fill out the forms yourself. Many people choose to hire a lawyer for the majority trial of the surrogate mother. It is unusual for an estate of a certain size not to prepare a lawyer for an estate or administrative application. Certainly, all contentious issues are things that the parties usually appear with counsel. My spouse died in a car accident. I hired a lawyer to sue the driver of the other car.

There are no assets other than the trial. Does a case have to be filed with the surrogate court? Yes. An approval or administrative procedure is required. The executor or administrator may apply to the competent court. If a settlement has been reached or a process has been reached, proceedings should be initiated before the surrogate court to distribute and distribute the product to the right people. Records of all adoptions in New York State are sealed and can only be obtained by court order. Check with the surrogacy court (or family court, if the adoption was approved there) in the county where you think the adoption took place. Please note that counsel and other forms of assistance from a lawyer may be necessary to be successful. The adoption registry, located in Albany, allows the adopted child to obtain non-identifying information. It also gives biological parents the opportunity to register in order to be matched with the child and to get in touch with the consent of both parties. The phone number for registration is (518) 474-9600. My father is dead and the only asset is his house.

Do I have to file a case with the Surrogate Court to have it handed over to me and my siblings? Not necessarily. According to the law, the immovable property at the time of death belongs to the division of the estate. (Distributors are the people who have the right to participate in an estate if there is no valid will.) If your father died without a will and did not leave a spouse in mourning, the property belongs to you and your siblings (and the children of all predeceased siblings) at the time of his death. You should contact the appropriate tax office to find out what conditions are met to register as an owner. You can also consult a real estate lawyer to prepare a deed to make the title “cleaner” on the property. If your father has died attested (with a will), the property will be transferred in accordance with the terms of the will and probate procedure may be necessary. What is a will? A will is a written statement of what a person wants to do with their property after their death. A person who dies and leaves a will is supposed to die “testate”. The law requires certain formalities for a will to be valid. A valid will can transfer one interest at a time in personal property (. B bank accounts, furniture, inventory, clothing) and on real estate.

A will allows a person to appoint a trusted person to serve as executor and guardian of the children. It can also protect family members; For example, trusts for incompetent adult children or “sprinkled” trusts for minor grandchildren, where a trustee may, at his or her discretion, distribute income as needed. Can I conduct probate proceedings without a lawyer? You don`t have to have a lawyer, but be aware that probate procedures can range from relatively simple to extremely complex. Since in many cases, early in the process, it may be impossible to predict what questions or problems may arise, it may be advisable to seek the help of a lawyer. If you wish to proceed without a lawyer, first call the appropriate surrogate court for information on the required forms. Keep in mind that while court officials may provide legal information, they are prohibited by law from providing legal advice. Forms and instructions are also available from 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] The most up-to-date information on court transactions can be found on the Substitute Court website. Voluntary administration (also known as small estates administration): A simple and cost-effective method of managing the estate of a deceased person whose personal property alone does not exceed $50,000 in the name of the deceased (without certain types of real estate, the court clerk can provide more information about your eligibility), for persons who died on or after January 1, 2009; or $20,000 for those who died before that date. Voluntary administration cannot be used to manage real property. 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] The New York State Substitute Court deals with 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. My mother died in a nursing home. I was told that I would have to file a complaint in the surrogate`s court to get the money in her personal account. How do I proceed? If this is the only asset or if the total value of the asset is less than $50,000 ($20,000.00 for a person who died before January 1, 2009) (with the exception of certain types of real estate, the court clerk can provide more information about your eligibility), you can file a small application for probate. If you exceed the appropriate amount of money, you must file a full administrative or homologation procedure. An alternate agent is a bailiff elected by the people who is responsible for wills, estate administration, and more. As an attorney for the New York City Alternative Court, I have many years of experience working in the Surrogate Court or in what can be considered a probate court in New York, and I assist my clients in all kinds of proceedings. .