New York Probate Information, Location and Jurisdiction

Probate courts in the various states of the U.S. are also known as surrogate courts, and the judges are referred to as surrogates. These courts deal with matters related to estate administration and probate issues.

It ensures that the assets of the deceased person are distributed properly, decides on the validity of the will and enforces the provisions as mentioned in it through the probate. This court also makes sure that the properties of a deceased person are divided fairly if there is no will.

Everything You Need to Know About New York Probate Courts

The Probate courts of New York emphasize a smooth, hassle-free and quick transfer of property items of the deceased to his/her immediate successor. Such probate hearings are heard by these courts in New York irrespective of whether the deceased had a will or not. Of course, property settlement matters become a lot easier if the deceased happens to have made a will.

Proper execution of the terms of wills of the deceased forms the prime focus of the New York Probate courts. The court ensures that the services of these courts are made available to people from all parts of New York. Hence, in this state, each of the counties has one probate court.

Other Functions of New York Probate Courts

The functions of the Probate courts located at New York are not limited to only the settlement of wills of the deceased. Such courts also take care of real estate settlement issues, as well as the maintenance affairs of trust funds. Incidentally, in New York, the probate courts are also called ‘surrogate’s court’.

In cases where the deceased has dependent guardians and/or infants, the probate courts of New York work in close collaboration with the Supreme Court of the state, as well as the authorities of the family courts. Regarding adoption issues, concurrent judgments are passed by the probate courts and the family courts of New York.

When you are initiating legal proceedings in any of the probate courts in the State of New York, the decision to hire the services of a professional attorney lies solely at your discretion. However, at times, cases of this nature can become rather complicated. This is why it does make sense to have an expert counselor to provide legal advice.

All probate proceedings in the courts of New York need to be pursued in a valid legal manner. For example, only the prescribed court forms must be used by the applicants. You can find these forms over the Web at www.nycourts.gov/forms/surrogates.

Probate Judges

There is a surrogate judge in each of the 62 counties in New York and the County of New York has 2. These judges have terms for 10 years, but the judge in New York City has a term of 14 years. There are some rural counties where the duties of a surrogate judge are taken care of by the judge of the county court.

Over time, several demands have been raised to demolish this New York probate or surrogate court in the state and make the Supreme Court hear these cases. These demands come because of several corruption scandals. However it has not been done and the court thus still remains.

Common Legal Issues Heard by the Probate Courts of New York

Probate issues are by nature rather complicated. Indeed, it is rather common for people to feel confused regarding these affairs. This is where the services of the probate courts can come in handy. Apart from of course resolving the issues at hand, these courts are also instrumental in explaining some of the basic concepts related to probate cases.

Here are some of the issues which you can seek legal help from the probate courts located in New York:

•    Information regarding adoption matters
•    Guardianship issues over a minor, and control over his/her property
•    Procedure for getting copies of death certificates
•    Affairs related to dependent spouse (if any)
•    Rules and regulations regarding the terms of the assets of the deceased
•    Houses and other small estate arrangement issues
•    Admission of the deceased’s will document in the probate court
•    Qualifications of a desirable estate attorney
•    Different aspects of a will
•    The laws that are applicable to the properties of a person, if there is an interstate death

There are certain administrative aspects too that come with the implementation of the tasks of the probate courts in New York. These generally refer to the processing and subsequent transfer of properties of the deceased (particularly for those who do not have a will).