The Surrogate’s Court has jurisdiction over matters relating to the affairs of decedents, including the probate of wills and the administration of estates.
When someone dies, their will needs to be probated in Surrogate’s Court if the person owned property in the state, to ensure its validity and that assets are distributed according to the decedent’s wishes as outlined.
If the deceased had no will, the court oversees the administration of the estate according to New York’s laws, which can often be a lengthy process.
Surrogate’s Court also takes on the responsibility of appointing guardians for minors and individuals deemed legally incapacitated within the borough.
Additionally, the court facilitates the process of adoption, working to ensure that adoptions adhere to legal protocols and safeguarding the rights and welfare of all parties involved, including birth parents, adoptive parents and the children.
At the helm of it all stands an elected surrogate judge, who is charged with the duty of interpreting and applying the law.
A surrogate judge serves a 14-year term and must retire at the age of 70.