SCPA § 305

Process, where returnable The process of a surrogate's court, except where otherwise prescribed by law, must be made returnable before th...  ·  as in force on May 31, 2026

§ 305. Process, where returnable

The process of a surrogate's court, except where otherwise prescribed by law, must be made returnable before the court from which it was issued.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/305

In plain English

Unless another law provides otherwise, Surrogate’s Court process must be returnable before the same court that issued it. ★

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.