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Law & Legal
  1. How to Qualify for a Medicaid Waiver
  2. Six Reasons Someone May Be Placed Under a Guardianship
  3. What Can Be Included in a Will?
  4. How Much Should You Put as a Down Payment on a House?
  5. 3 Assets That Can Fund a Trust
  6. Why You Should Have a Life Insurance Policy
  7. Is Real Estate a Good Financial Investment?
  8. S-Corp vs. C-Corp
  9. 5 Reasons Someone Might Disinherit a Child
  10. Benefits of a Testamentary Trust
  11. Steps on How to Sign Up for Life Insurance
  12. What is the Estate Administration Process?
  13. What Types of Government Benefits are Available for the Elderly?
  14. What is the Job of an Executor?
  15. What is a Simple Estate Plan?
  16. Why You Should Have a Will
  17. 3 Things You Need to Prepare Your Taxes
  18. Tips for Planning an Estate
  19. What is Electronic Notarization?
  20. Are There Requirements to Qualify for Medicaid Home Care?
  21. 3 Benefits of Tax Planning
  22. 3 Things to Know About Retirement Planning
  23. How Does Mental Illness Impact Your Estate Planning Process?
  24. What is a Lawsuit for Wrongful Death?
  25. What is The Tax Code?
  26. Guide to Become a Tax Advisor
  27. Does My Parents' Divorcing Impact My Inheritance?
  28. Guide to Understand When You Should and Shouldn't Buy a Home
  29. 3 Things a CPA Can Help With
  30. Tips to Maximize Your Tax Refund
  31. 3 Reasons You Should Have a Tax Accountant on Retainer
  32. Do Self-Employed Individuals Get Taxed Differently?
  33. What are Unclaimed Funds?
  34. 4 Things to Know About Surrogate's Court
  35. 3 Reasons Having Advance Directives is Important
  36. What are Estate Taxes?
  37. What is The Estate-Tax Exemption?
  38. Who Has to File Taxes?
  39. 3 Reasons You Should Have a Trust Protector
  40. Understanding Spousal Impoverishment
  41. Who Files Taxes For Businesses?
  42. Should I File My Taxes Using Turbo Tax?
  43. 3 Ways to Protect Against Financial Exploitation
  44. Who Qualifies for a Special Needs Trust?
  45. Guide on How to Write Off Business Expenses When Doing Your Taxes
  46. 3 Things Every Small Business Should Know
  47. Why Updating Your Will is Important
  48. What is the Probate Journey?
  49. What Happens if I Don't File My Taxes?
  50. Tax Accountant vs CPA
4 Things to Know About Surrogate's Court {{ currentPage ? currentPage.title : "" }}

New York is home to a complex court structure. What court you go to depends entirely on your unique situation. If you're dealing with estates and probate matters, you typically go to Surrogates Court.

Surrogate Court exists in all counties throughout New York State. It hears cases involving the affairs of descendants, typically handling the probate of wills and administering trust proceedings. Estate matters can be complex, and this court can help ensure that all assets go to their rightful owner after a descendant passes. Empower your estate planning: navigate surrogates court with expert guidance. Visit now!

Here are a few common proceedings in the Surrogate's Court and important things you need to know about the court.

Probate

A probate is a judicial process that analyzes, authenticates and administers a will. The goal of probate proceedings is to prove to the Judge that a deceased person's Will was their true Last Will and Testament. The court's job is to name the person in the Will as the Executor, ensuring they carry out the wishes detailed in the Will.

Administration

Surrogates Court can also collect and distribute assets if the deceased person does not have a will. This legal proceeding can be complex, especially when several people make a claim to a descendant's assets. In these cases, the Court will determine where those assets go. Judges will hear the cases of possible beneficiaries and make relevant decisions to distribute assets fairly.

Sometimes, the Court may do voluntary administration when personal assets don't exceed $50,000.

Trust Proceedings

Another common proceeding that occurs in this court is trust administration. The Court handles two types of trusts. These include trusts created during the settlor's lifetime and those arising after the settlor's death.

Guardianship and Adoption Proceedings

In addition to standard estate proceedings, this court also hears guardianship and adoption cases. In guardianship proceedings, the Court decides who gets guardianship over children under 18 and adults with intellectual abilities. The Court also appoints someone to safeguard the child or adult's assets.

In adoption cases, the Court handles cases involving infant adoption, adult adoption, foreign adoption, family adoption and more.

Author Resource:-

Mark writes often about estate planning. His articles may include topics like real estate closing attorney and business succession laws to help the people in needs. You can find his thoughts at real estate law blog.

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