Surrogate Court

A Surrogate Court is a specialized court which deals with matters of probate and the administration of estates. Sometimes referred to as Probate Court, such courts consider only those cases that deal with the distribution of deceased persons' estate. The Surrogate Court issues the Grant of Probate or, if a person dies intestate, a Grant of Administration, thereby giving court approval to the personal representative to deal will all matters of the estate. In contested matters, it will be this court which will examine the authenticity of a will, and will decide who is to receive the deceased property. In the case of an intestacy, this court determines who receives the deceased’s property under the law of its jurisdiction. The Surrogate Court will then watch over the procedure to distribute the deceased’s assets to the proper beneficiaries.

Surrogate courts are commonly referred to as Probate Courts, however depending on the jurisdiction, courts that deal with such matters are sometimes also referred to as orphans court, or court of ordinary.

Probate Court is a court found in some jurisdictions which is primarily concerned with the proper distribution of the assets of a deceased. Probate Court exists to determine the validity of wills, enforce the provisions of valid will, prevent malfeasance by executors and administrators of estates, and provide for the equitable distribution of the assets of persons who die intestate (without a valid will). In other jurisdictions these functions are performed by Chancery Court or another Court of Equity. Probate Courts may also deal with conservatorships, guardianships, name changes, marriages, and adoptions.

The surrogate court can be petitioned by interested parties in an estate, such as when a beneficiary feels that an estate is being mishandled. The court has the authority to compel the executor to give an account of his actions.

The judge of a probate court is sometimes known by another name, in accordance with the jurisdiction's historical tradition. In New York, the court with jurisdiction over probate matters is the "Surrogate's Court" and the judge is the "Surrogate". In Georgia, the Probate Court was formerly known as the "court of ordinary" and the judge was the "ordinary".

New York Surrogate's Court

Infobox_nrhp | name =Surrogate's Court
nrhp_type = nhl

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caption = The Surrogate's Courthouse of New York County, on Chambers Street in Manhattan
location= 31 Chambers Street, Manhattan, NY
lat_degrees = 40 | lat_minutes = 42 | lat_seconds = 48.64 | lat_direction = N
long_degrees = 74 | long_minutes = 0 | long_seconds = 16.52 | long_direction = W
area =
built =1899
architect= James R. Thomas; Horgan & Slattery
architecture= Second Empire
designated= December 22, 1977cite web|url=http://tps.cr.nps.gov/nhl/detail.cfm?ResourceId=1247&ResourceType=Building
title=Surrogate's Court|date=2007-09-19|work=National Historic Landmark summary listing|publisher=National Park Service]
added = January 29, 1972cite web|url=http://www.nr.nps.gov/|title=National Register Information System|date=2007-01-23|work=National Register of Historic Places|publisher=National Park Service]
governing_body = Local
refnum=72000888The New York Surrogate's Court is the court that handles all probate and estate proceedings in the State of New York, and the term also refers to the court's historic building. All wills are probated in this court and all estates of people who die without a will are handled in this court. Unclaimed property of the deceased without wills is handled by the Judge of this court.

Each of New York's 62 counties has one Surrogate Judge, with New York County having 2, and Kings County moving from one to two following the 2005 election. Surrogate Judges are elected countywide for 10 year terms. In some rural counties, Surrogate Judge duties are handled by the County Court Judge.

There have been frequent efforts to abolish the Surrogate's Court and redistribute its powers to the New York Supreme Court (the general trial court) and the Family Court. [http://www.gothamgazette.com/article/fea/20050704/202/1472] The most recent efforts stem from the corruption scandal surrounding former Brooklyn Surrogate Michael Feinberg, who was removed from the bench in 2005. [http://www.nydailynews.com/news/local/story/323886p-276854c.html]

31 Chambers Street

The NY Surrogates court NY County 1st Judicial District is located at the historic building at 31 Chambers Street. [ [http://www.courts.state.ny.us/courts/1jd/surrogates/index.shtml Official Site] ] The building was declared a National Historic Landmark in 1977.cite web|url= http://pdfhost.focus.nps.gov/docs/NHLS/Text/72000888.pdf | title = Surrogate's Court (Hall of Records) | year = 1977 | last = Pitts | first = C | publisher=National Park Service | format = pdf ] cite web | url = http://pdfhost.focus.nps.gov/docs/NHLS/Photos/72000888.pdf | title = Surrogate's Court (Hall of Records | format = pdf |publisher=National Park Service]

The Orphan's Court

The orphan's court was an organization established in the Chesapeake Bay colonies during colonization. The major goal of the organization was to protect orphaned children and their right to their deceased family's estate from against claims and abuses by step-parents and others.

Modern-day orphan's courts are surrogate courts, hearing matters involving wills of decedents' estates which are contested and supervising estates which are probated judicially.

References

External links

* [http://www.courts.state.ny.us/ New York Unified Court System]