What are Some Common Proceedings in Surrogate’s Court?
Probate: The process by which a will is proved to the satisfaction of the Surrogate (Judge) to be the valid Last Will and Testament of the person who died (decedent). Administration: A procedure for collecting and distributing assets of a person who died without a will (intestate). Voluntary Administration (also referred to as small estate administration): A simple and inexpensive method of administering the estate of a deceased person whose personal assets in the decedent’s name alone do not exceed $30,000 (exclusive of certain types of property, the clerk of court can provide more information as to whether you qualify), for persons who died on or after January 1, 2009; or $20,000 for persons who died before then. Voluntary administration may not be used to administer real property. Trusts: Surrogate’s Court handles the following types of trusts: • Inter vivos trusts: Created during the settlor’s lifetime. • Testamentary trusts: Arises upon the death of the testator, usually under his
