SCPA § 2101

General provisions Unless otherwise indicated 1 · as in force on May 31, 2026

§ 2101. General provisions

Unless otherwise indicated

1. All proceedings under this article and all proceedings within the jurisdiction of the court under 202

(a) May be commenced by a fiduciary, creditor or person interested.

(b) May be entertained by the court or may be reserved for determination in an accounting or other proceeding or the court may decline to entertain the proceeding. All proceedings shall be deemed entertained unless rejected by the court in writing within 15 days of submission.

(c) Shall be commenced by petition, or any other pleading directed by the court, stating the jurisdictional facts and the facts applicable to the particular relief sought.

2. The jurisdiction of the court over the proceeding shall be deemed to continue until a decree or order therein is fully satisfied.

3. If the petition or other pleading is entertained service of process shall be made upon all persons interested in the proceeding and upon such other persons as directed by the court except that in any proceeding against a fiduciary under 2102 service shall be made only upon the fiduciary unless the court otherwise directs.

4. In any such proceeding the court may grant appropriate relief, grant or deny the relief in whole or in part upon such terms as it deems proper and make such decree or order as justice shall require and may require a refunding bond.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/2101

In plain English

General rules for the miscellaneous proceedings in Article 21 and under § 202.

(1) A fiduciary, creditor or interested person may start one. The court may hear it, hold it for an accounting, or decline it. It counts as accepted unless the court rejects it in writing within 15 days of submission. ★ It starts by petition (or another pleading the court directs) stating the jurisdictional facts and the facts for the relief sought.
(2) The court keeps jurisdiction until its decree or order is fully satisfied.
(3) Once accepted, all interested persons must be served, plus anyone else the court names. In a § 2102 proceeding against a fiduciary, only the fiduciary is served unless the court directs otherwise.
(4) The court may grant or deny relief in whole or part, on terms, and may require a refunding bond.

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 2 — The Surrogate's Court Procedure Act; Volume 5 — Your Career: Surrogate's Court in Plain English.