Uniform Rules § 207.1

Application of Part; waiver; special rules; definitions · as in force on May 31, 2026

(a) Application. This Part shall be applicable to proceedings in all Surrogate''s Courts in New York State.

(b) Waiver. For good cause shown, and in the interest of justice, the court in a proceeding may waive compliance with any of the rules in this Part other than section 207.2 unless prohibited from doing so by statute or by rule of the Chief Judge.

(c) Additional rules. Local court rules, and all court forms not inconsistent with law or with these rules, shall comply with Part 9 of the Rules of the Chief Judge (22 NYCRR Part 9).

(d) Application of SCPA, EPTL and CPLR. The provisions of this Part shall be construed consistently with the Surrogate's Court Procedure Act (SCPA) and the Estates Powers and Trusts Law (EPTL). Matters not covered by these provisions, the SCPA and the EPTL shall be governed by the Civil Practice Law and Rules (CPLR).

(e) Definitions.

(1) Chief Administrator of the Courts in this Part also includes a designee of the Chief Administrator.

(2) Unless the context requires otherwise, all references to clerk shall mean the Chief Clerk of each Surrogate's Court or the designee of the Chief Clerk.

(3) Unless otherwise defined in this Part, or the context otherwise requires, all terms used in this Part shall have the same meaning as they have in the CPLR, EPTL and the SCPA.

Official sourcehttps://www.nycourts.gov/rules/part-207-uniform-rules-surrogates-court

In plain English

This rule sets the scope of the Surrogate's Court rules (Part 207), lets the court waive them, and defines key terms.

(a) Part 207 applies to proceedings in all Surrogate's Courts in New York State.
(b) For good cause and in the interest of justice, the court may waive any rule in this Part except section 207.2 (terms of court), unless a statute or a rule of the Chief Judge forbids the waiver. ★
(c) Local court rules and court forms (which must not conflict with law or these rules) must comply with Part 9 of the Rules of the Chief Judge (22 NYCRR Part 9).
(d) Part 207 is read consistently with the SCPA and the EPTL. Matters not covered by Part 207, the SCPA or the EPTL are governed by the CPLR. ★
(e) Definitions:
(1) "Chief Administrator of the Courts" includes the Chief Administrator's designee.
(2) Unless the context requires otherwise, "clerk" means the Chief Clerk of each Surrogate's Court or the Chief Clerk's designee. ★
(3) Terms not defined in this Part (unless the context requires otherwise) have the same meaning as in the CPLR, EPTL and SCPA.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.