The principal implementing statutes under which the Surrogate’s Court functions are the N.Y. Surrogate’s Court Procedure Act (SCPA) and the N.Y. Estates, Powers and Trusts Law (EPTL). Both the SCPA and EPTL took effect on September 1, 1967. The SCPA, which superseded the N.Y. Surrogate’s Court Act (SCA), governs the practice and procedure in all proceedings commenced in the Surrogate’s Court. Although the EPTL... Read More

The Surrogate’s Court is unusual among New York courts in that it is a court of record, with all the attendant powers; it has a constitutionally and statutorily defined range of jurisdiction over a wide range of matters, it is subject to no monetary limits, and its process may operate worldwide. It is also a court of equity. As such, it may order... Read More