NY Probate Basics - Surrogates Court-1
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by: RobinsonLawNY
Word Count: 2647
Date: Thu, 12 Jan 2012 Time: 3:19 AM
All states have their own set of probate laws and procedures that govern what happens to your property after you die. They also have their own court systems that handle probate cases. In many states, these cases are heard by probate court judges, while in others they are handled by district or circuit court judges. In New York State, probate cases are heard in front of the Surrogate's Court.
Surrogate's Courts hear a range of cases and perform different tasks, such as determining if a will is valid and deciding who should become a guardian over a child or incapacitated adult. These courts are courts of limited jurisdiction, meaning they only hear cases arising out of the specific kinds of cases they are tasked with covering under state law. They are also civil courts, meaning if you are a party to a case before the Surrogate's Court, you are not entitled to an attorney, though you can choose to hire one at your own expense.
Each county in New York has at least one Surrogate's Court, though some more rural counties assign these court duties to county court judges. These judges are elected to a 10-year term, though the judges of the five counties in the New York City area serve for 14-year terms. Also, the judges of these courts are not referred to as judges, but as Surrogates.
About the Author
Experienced estate planning attorneys Naples NY of the Law Office of Michael Robinson P.C. offers estate planning and business planning resources to residents of Naples NY. To learn more about these free resources, please visit www.mrobinsonlaw.com today.
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