SCPA
321 sections, New York
§ 101 Short title; how cited This act shall be known as the surrog§ 102 Application of CPLR and other laws The CPLR and other laws a§ 103 Definitions When used in this act, unless otherwise required§ 104 Application of act; confirmation of previous acts Each provi§ 105 Rules for surrogates' courts The court in each county may ma§ 106 Appendix of official forms The state administrator of the st§ 107 Use of electronic filing authorized 1§ 201 General jurisdiction of the surrogate's court 1§ 202 Enumerated proceedings not exclusive The proceedings enumera§ 203 Jurisdiction of parties and subject matter The court obtains§ 204 Presumption of jurisdiction Where the jurisdiction of the co§ 205 Domiciliaries; jurisdiction and venue 1§ 206 Non-domiciliaries; jurisdiction and venue 1§ 207 Lifetime trusts; jurisdiction and venue 1§ 208 Jurisdiction; how affected by locality of certain assets For§ 209 Powers incidental to jurisdiction of the court The court has§ 210 Jurisdictional predicate 1§ 211 When jurisdiction in personam obtained The court may exercis§ 212 Service of process All processes of the court may be served § 301 Statute of limitations (a) For the purpose of computing the § 302 Pleadings 1§ 303 Verification All pleadings shall be verified in the manner p§ 304 Contents of petition In addition to such other requirements § 305 Process, where returnable The process of a surrogate's court§ 306 Citation§ 307 Service of process 1§ 308 Return day of citation 1§ 309 When service of process complete 1§ 310 Who may serve process 1§ 311 Designee for person under disability Whenever the person to § 312 Additional parties; supplemental process The court may issue§ 313 Manner of giving notice when not otherwise prescribed Whenev§ 314 Proof of service of subpoena or process Proof of service of § 315 Joinder and representation of persons interested in estates § 316 Process to attorney general where persons unknown In every c§ 401 Appearance of parties 1§ 402 Appearance for infant, incompetent, conservatee or person un§ 403 Appointment of guardian ad litem 1§ 403-A Proceedings for the commitment of the guardianships and cust§ 404 Qualification and duties of guardian ad litem 1§ 405 Compensation of guardian ad litem 1§ 406 Person under disability bound by proceeding Whenever a guard§ 407 Assignment of counsel for indigent persons 1§ 501 Transfer, consolidation and severance 1§ 502 Trial by jury; waiver or withdrawal 1§ 503 Proceedings upon jury trial 1§ 504 Jurors Jurors shall be selected from any panel in attendance§ 505 Trial by the court 1§ 506 Reference to hear and report 1§ 507 Testimony of witness 1§ 508 Before whom testimony may be taken; issuance of commission§ 509 Effect of uncontroverted allegations of fact Except as other§ 510 Pretrial conference At any time after issue has been joined,§ 601 Definition of decree and order; how order enforced The deter§ 602 Decree or order, when evidence of assets A decree directing § 603 Transcript of decree or order 1§ 604 Decree; instruments of satisfaction Upon the request of any § 605 Enforcement of decree by execution An execution shall not is§ 606 Enforcement of decree or order by punishment for contempt; w§ 607 Enforcement of decree or order by punishment for contempt; m§ 701 Requisites of letters 1§ 702 Limited and restrictive letters Letters may be granted limit§ 703 Letters evidence of authority; effect of appeal 1§ 704 Priority among different letters A person who applies in goo§ 705 Time, how reckoned upon successive letters Where it is presc§ 706 When surviving or remaining fiduciary may act; when successo§ 707 Eligibility to receive letters Letters may issue to a natura§ 708 Qualification of fiduciaries Before letters are granted to a§ 709 Objection to grant of letters or appointment of lifetime tru§ 710 Objections which require bond from fiduciary not otherwise r§ 711 Suspension, modification or revocation of letters or removal§ 712 Petition; process thereupon; suspension A petition as prescr§ 713 Hearing; decree Upon the return of process issued as prescri§ 714 Certain orders or decrees of other courts to be filed in the§ 715 Application by fiduciary for permission to resign A fiduciar§ 716 Proceedings thereupon If it shall be determined that the pet§ 717 Suspension of powers of fiduciaries in war service 1§ 718 Nominated fiduciaries in war service 1§ 719 In what cases letters may be suspended, modified or revoked,§ 720 Effect and contents of decree suspending, modifying or revok§ 721 Preceding section qualified The preceding section does not a§ 722 Deposit of securities may be ordered on revocation of letter§ 723 Copy of letters issued to chief fiscal officer of county to § 724 Inapplicability to lifetime trustees Except as otherwise exp§ 725 Rules relating to estate valuation after letters The chief a§ 801 Amount; condition; number of sureties; obligees 1§ 802 Approval and filing of bonds; designation of clerk 1§ 803 Deposit of assets to reduce bond 1§ 804 Bond required when assets deposited with bank or trust compa§ 805 Bond of administrator, temporary administrator or administra§ 806 Bond of a testamentary trustee or executor acting as trustee§ 807 Bond of a legal life tenant Whenever a legal life tenant is § 808 Liability of surety for assets received by principal in anot§ 809 Action or proceeding on bond; disposition of proceeds; summa§ 810 Application of article to fiduciaries heretofore appointed T§ 811 General conformity of bonds to CPLR The provisions of this a§ 901 When temporary administration may be granted Temporary admin§ 902 Procedure for appointment of temporary administrator 1§ 903 General powers of temporary administrator 1§ 905 Actions and proceedings maintainable by or against a tempora§ 906 Payment of claims by temporary administrator At any time aft§ 907 Special powers of temporary administrator in estates of abse§ 908 Settlement of temporary administrator's account of a deceden§ 910 Annual account of internee's estate 1§ 911 Final determination and distribution of an absentee's estate§ 1001 Order of priority for granting letters of administration 1§ 1002 Petition; persons entitled to petition for appointment of an§ 1003 Persons who must be served with process; waiver of process; § 1004 Proceedings upon return of process; decree 1§ 1005 Notice of application for letters of administration 1§ 1006 Failure to qualify The court must upon application of any pe§ 1007 Administration de bonis non 1§ 1301 Definitions In this article: 1§ 1302 Kinds of property This article is not applicable to any inte§ 1303 Persons who may become a voluntary administrator§ 1304 Summary procedure 1§ 1305 Discharge of debtor, transfer agent, safe deposit company, b§ 1306 Powers 1§ 1307 Duties A voluntary administrator shall 1§ 1308 Liability of voluntary administrator collecting assets 1§ 1309 General provisions 1§ 1310 Payment of certain debts without administration 1§ 1311 Administration of funds payable under social security act of§ 1312 Construction This article is remedial and shall be given a l§ 1401 Proceeding to compel production of will Whenever it shall ap§ 1402 Who may propound will; contents of petition; direction of co§ 1403 Persons to be served; content of process 1§ 1404 Witnesses to be examined; proof required 1§ 1405 When court may dispense with testimony of witness 1§ 1406 Proof of will by affidavit of attesting witness out of court§ 1407 Proof of lost or destroyed will A lost or destroyed will may§ 1408 Probate not allowed unless court satisfied 1§ 1409 Notice of probate 1§ 1410 Who may file objections to probate of an alleged will Any pe§ 1411 Citation upon filing of objections 1§ 1412 Preliminary letters testamentary 1§ 1413 Revocation of letters upon proof of will Where temporary let§ 1414 When letters testamentary may be issued 1§ 1415 Supplementary letters, executors not named in letters not to§ 1416 Executor failing to qualify or renounce; how excluded 1§ 1417 Renunciation by nominated executor; retraction thereof 1§ 1418 Letters of administration with will annexed; when and to who§ 1419 Process; renunciation or exclusion of persons having prior o§ 1420 Proceeding for construction of will; effect of decree 1§ 1421 Election by surviving spouse 1§ 1422 Record of wills; evidence A certified copy of the record of § 1423 Record of wills in former courts of probate; evidence The ex§ 1424 Foreign wills; evidence after lapse of time The exemplificat§ 1501 Application of act to trusts 1§ 1502 Appointment of trustee 1§ 1503 Qualification of trustee appointed by another court When the§ 1504 Renunciation of appointment: retraction thereof 1§ 1505 Proceeding when testamentary trustee is also executor or adm§ 1506 Nonliability for acts of predecessor executor A trustee who § 1507 Authority to mortgage, sell, lease or exchange 1§ 1508 Authority to release claims against the state by reason of a§ 1509 Power over lifetime trusts Except to the extent inconsistent§ 1601 Legislative declaration of purpose It is the intent and purp§ 1602 Ancillary probate based upon domiciliary probate 1§ 1603 Effect of right to contest or of revocation 1§ 1604 Ancillary letters on foreign will 1§ 1605 Original probate 1§ 1606 Proof of will by probate in non-domiciliary jurisdiction In § 1607 Ancillary letters of administration 1§ 1608 Ancillary letters generally 1§ 1609 Petition; process 1§ 1610 General powers and duties of ancillary fiduciary 1§ 1611 Ancillary administration of estate of absentee If it appears§ 1612 Effect of adjudication for or against fiduciary A prior adju§ 1613 Application of general law Except where special provision is§ 1614 Authentication of foreign will or letters In any case in whi§ 1615 Record of wills and letters recorded under former law The re§ 1616 Application of article This article shall apply only to the § 1701 Power of court The court has power over the property of an i§ 1702 Jurisdiction 1§ 1703 Petition for appointment; by whom made A petition for the ap§ 1704 Petition for appointment; contents A petition for the appoin§ 1705 Persons to be served 1§ 1706 Proceedings thereupon 1§ 1707 Decree appointing guardian; term of office 1§ 1708 Bonding Requirements; Investment of Guardianship Funds 1§ 1709 Appointment of guardian by supreme court 1§ 1710 Will or deed containing appointment to be proved A person sh§ 1711 Guardian by will or deed; qualification; renunciation 1§ 1712 Appointment of successor When no guardian by will or deed re§ 1713 Administration of infant's property 1§ 1714 Power to manage during minority property vested in an infant§ 1715 Authority of guardian to sell, lease, exchange or mortgage 1§ 1716 Application for ancillary letters to foreign guardians 1§ 1717 Proceedings thereupon 1§ 1718 Effect of such letters 1§ 1719 Annual account A guardian of an infant's property must withi§ 1720 Affidavit to be annexed thereto To each account as prescribe§ 1721 Annual examination of guardian's accounts In the month of Fe§ 1722 Proceedings where account defective 1§ 1723 Powers of a guardian of the property§ 1724 Custodians An infant or a custodian acting under part six of§ 1725 Temporary guardianship by adoptive parent prior to adoption § 1726 Standby guardians 1§ 1727 Petition for termination of account of guardian, committee, § 1750 Guardianship of persons who are intellectually disabled When§ 1750-A Guardianship of persons who are developmentally disabled 1§ 1750-B Health care decisions for persons who are intellectually dis§ 1751 Petition for appointment; by whom made A petition for the ap§ 1752 Petition for appointment; contents The petition for the appo§ 1753 Persons to be served 1§ 1754 Hearing and trial 1§ 1755 Modification order Any person who is intellectually disabled§ 1756 Limited guardian of the property When it shall appear to the§ 1757 Standby guardian of a person who is intellectually disabled § 1758 Court jurisdiction 1§ 1759 Duration of guardianship 1§ 1760 Corporate guardianship No corporation may be appointed guard§ 1761 Application of other provisions To the extent that the conte§ 1802 Effect of failure to present claim If any claim is not prese§ 1803 Form and verification of claims; service of notice 1§ 1804 Contingent or unliquidated claims; retention of assets for e§ 1805 Determination of issues arising between representative and t§ 1806 Allowance or rejection of claims 1§ 1807 Effect of allowance of claim by fiduciary 1§ 1808 Effect of rejection of claim by fiduciary 1§ 1809 Proceeding to determine validity and enforceability of claim§ 1810 Claimant's right to action at law or in equity Nothing in th§ 1811 Payment of debts and funeral expenses 1§ 1812 Leave to issue execution against decedent's real property Fo§ 1813 Disputed or unsettled debt or claim may be compromised, comp§ 1814 Application The provisions of this article are not applicabl§ 1901 Real property subject to disposition; "disposition" and "fid§ 1902 For what purposes real property is subject to disposition Th§ 1903 Limitations 1§ 1904 Petition and process 1§ 1905 When disposition may be refused or delayed 1§ 1906 Trial and determination of debts, claims and expenses; statu§ 1907 Order determining disposition of real property 1§ 1908 Order in which parcels shall be sold If the sale of real pro§ 1909 Rights of the parties to be determined; unknowns 1§ 1910 Bond of fiduciary 1§ 1911 Order to be executed and report made 1§ 1912 Effect of death of fiduciary 1§ 1913 Conclusiveness of mortgage, lease, conveyance or release exe§ 1914 Execution of the order; decree of judicial settlement 1§ 1915 Allowance on bid to spouse, beneficiary or creditor purchasi§ 1916 Provision for payment of undetermined claims and debts not y§ 1917 Effect of conveyance of decedent's interest under contract 1§ 1918 Right of life tenant to be considered in disposition; distri§ 1919 Restitution from assets subsequently discovered Where a decr§ 1920 Disposition of surplus in action to enforce mortgage or othe§ 1921 Conveyance of real property by fiduciary to vendee of contra§ 1922 Conclusive presumption after 10 years§ 1923 Fiduciary of a decedent to notify local assessor of disposit§ 2001 Definition When used in this article the term fiduciary incl§ 2003 Opening safe deposit box 1§ 2101 General provisions Unless otherwise indicated 1§ 2102 Proceedings for relief against a fiduciary A proceeding may § 2103 Proceeding by fiduciary to discover property withheld or obt§ 2104 Inquiry; trial and decree 1§ 2105 Proceeding to compel delivery of property by a fiduciary whi§ 2106 Proceeding for compromise of controversies between claimants§ 2107 Court may direct as to value, manner and time of sale of pro§ 2108 Proceeding by fiduciary for continuation of a business A fid§ 2109 Money paid into court and securities taken; how disposed of § 2110 Compensation of attorneys 1§ 2111 Ex parte application for advance payment of fees of an attor§ 2112 Compensation of persons acting under powers of attorney or o§ 2113 Proof or probate of heirship 1§ 2114 Review of compensation of corporate trustee 1§ 2115 Review of costs of delegation by trustee 1§ 2201 Accountability of legal life tenant or fiduciary, committee § 2202 Recording or filing instruments settling accounts in part or§ 2203 Decree on filing instruments approving accounts 1§ 2204 Judicial settlement where recovery has been had in negligenc§ 2205 Compulsory account and related relief on a court's own initi§ 2206 Compulsory account and related relief; proceedings thereupon§ 2207 Accounting by fiduciary of deceased fiduciary, committee of § 2208 Voluntary account; who may petition In any of the following § 2209 Affidavit to account To each account filed in the court, as § 2210 Voluntary account; process Upon a voluntary judicial settlem§ 2211 Voluntary account; proceedings thereupon 1§ 2212 Accounting for profit and loss No profit shall be made by a § 2213 Accounting for claim for funeral expenses 1§ 2214 Property of estate to be delivered on order 1§ 2215 Decree for payment and distribution 1§ 2216 Distribution in kind At any time during the administration o§ 2217 When money or property may be retained 1§ 2218 Deposit in court for benefit of legatee, distributee or bene§ 2219 Adjustment of advancements Where there is a surplus of perso§ 2220 Payment of share of infant, incompetent or conservatee or pe§ 2221 Payment of legacy or distributive share to foreign fiduciary§ 2222 Legacy or distributive share payable to unknown person to be§ 2222-A Notice of legacy or distributive share payable to incarcerat§ 2223 Funds paid into court 1§ 2224 Id§ 2225 Determination of distributees, devisees, legatees, beneficia§ 2226 Rights of alleged decedent upon return If letters shall issu§ 2227 Summary statement Each decree whereby an account is judicial§ 2301 Costs, general 1§ 2302 Award of costs and allowances 1§ 2303 Security for costs 1§ 2304 Costs of appeal 1§ 2305 Fees of appraisers An appraiser is entitled in addition to h§ 2306 Annual statements to be furnished to beneficiaries Any trust§ 2307 Commissions of fiduciaries other than trustees 1§ 2307-A Commissions of attorney-executor 1§ 2308 Commissions of trustees, donees of power during minority and§ 2309 Commissions of trustees, of donees of powers during minority§ 2310 Payment on account of commissions 1§ 2311 Ex parte application for advance payment of commissions 1§ 2312 Commissions of corporate trustees, including when acting as § 2313 Multiple commissions of executors or trustees, donees of pow§ 2401 Fees in the surrogate's court; general provisions 1§ 2402 Fees§ 2403 Fees of court reporter in surrogate's court Except where oth§ 2404 Expenses Where upon the application of any party the surroga§ 2501 Records to be kept by court; general requirements 1§ 2502 Books to be kept by clerk The clerk shall keep and maintain:§ 2504 Wills to be retained after probate; exceptions 1§ 2505 Transmission of wills of non-domiciliaries and domiciliaries§ 2506 Recording wills proved within the state 1§ 2507 Reception of wills for safekeeping 1§ 2508 Filing of will of decedent§ 2509 Firearms inventory Whenever, by regulation, rule or statute,