Uniform Rules § 207.9

Appearances · as in force on May 31, 2026

(a) A person not named in a citation, but who claims to be interested in the proceeding and wishes to intervene therein, shall file a notice of appearance and a petition or affidavit alleging interest.

(b) Unless otherwise directed by the Surrogate, attorneys appearing on behalf of nondomiciliaries or parties not personally served within the State must furnish acknowledged evidence of authority pursuant to SCPA 401.

(c) When directed by the Surrogate, in addition to filing an appearance as required by SCPA 404, a guardian ad litem shall serve a notice of appearance upon all parties.

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

In plain English

This rule covers how outsiders, attorneys for out-of-state parties, and guardians ad litem appear in a Surrogate's Court proceeding.

(a) A person not named in the citation who claims an interest and wants to intervene shall file a notice of appearance and a petition or affidavit alleging interest. ★
(b) Unless the Surrogate directs otherwise, an attorney appearing for a nondomiciliary or a party not personally served within the State must furnish acknowledged evidence of authority under SCPA 401. ★
(c) When the Surrogate directs, a guardian ad litem must, besides filing the appearance required by SCPA 404, serve a notice of appearance on all parties.

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.