SCPA § 501

Transfer, consolidation and severance 1 · as in force on May 31, 2026

§ 501. Transfer, consolidation and severance

1. The court may upon motion by any party:

(a) Transfer for trial to the surrogate's court having jurisdiction over an estate any action or proceeding pending in any court other than the supreme court which affects or relates to the administration of an estate and transfer any action or proceeding other than one which has been previously transferred to it or which affects or relates to the administration of an estate, to any other court, except the supreme court, having jurisdiction of the subject matter in any other judicial district or county provided such other court has jurisdiction over the classes of persons named as parties.

(b) Consent to receive for trial any action pending in the supreme court which affects or relates to the administration of a decedent's estate.

2. Consolidation and severance

(a) Consolidation. When proceedings pending before the court, including actions transferred under subdivision 1, involve a common question of law or fact, the court upon the motion of any party or on its own initiative may order a joint trial of any or all of the matters in issue or order that the proceedings be consolidated or make such other orders concerning proceedings therein as may tend to avoid unnecessary cost or delay.

(b) Severance and separate trials. In furtherance of convenience or to avoid prejudice, the court upon the motion of any party or on its own initiative may order a severance of any or all of the matters in issue or may order a separate trial of any one or all of the matters in issue and upon determination thereof render an appropriate intermediate or final order.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/501

In plain English

The Surrogate's Court may move cases in and out, and join or split matters, to avoid cost, delay or prejudice.

(1)(a) On any party's motion, the court may transfer to itself for trial any estate-related action pending in any court other than the Supreme Court. It may also transfer out any action not previously transferred to it and not related to estate administration, to another court (not the Supreme Court) in another district or county that has subject-matter jurisdiction and jurisdiction over the classes of parties. ★
(1)(b) It may consent to receive for trial a Supreme Court action relating to administration of a decedent's estate.
(2)(a) When pending matters, including transferred actions, share a common question of law or fact, the court, on motion or on its own initiative, may order a joint trial, consolidate them, or make other orders to avoid unnecessary cost or delay. ★
(2)(b) For convenience or to avoid prejudice, the court, on motion or on its own, may order severance or separate trials and then make an intermediate or final order.

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.