Who's Who in the New York Surrogate's Court?
{Read in 7 Minutes} As a Trusts and Estates attorney, I frequently appear in the New York?Surrogate’s Court. Whether it is to represent an?Executor?offering a Will for?probate?or representing a?beneficiary?in an?Accounting Proceeding, or even?picking a jury?for a?Will Contest, I have certainly been in and out of the Surrogate’s Court buildings quite a bit over my long career.
A Surrogate’s Court isn’t just a building, but rather a whole team of people who work together to handle the important work of the Courts. As I’ve mentioned in?prior articles, every single person who works there is dedicated to quickly and efficiently handling the affairs of the recently deceased, and they really do try to turn things around as quickly as possible. To do this, it often takes a large team of people. Some counties that have larger populations, like the five boroughs of New York City and the surrounding suburbs, have larger staffs than the counties with smaller populations. In general, if you are planning to appear in the Surrogate’s Court, you can generally expect to see the following types of people:
1. Judge of the Surrogate’s Court?The Judge of the Surrogate’s Court (sometimes referred to simply as the Surrogate) is, as the title suggests, the Judge who presides over the Surrogate’s Court. Every county has at least one Judge of the Surrogate’s Court. In counties with smaller populations, this judge may also simultaneously serve as a judge of another local court. However, in counties with larger populations (New York City and the surrounding suburbs), each county will have at least one Judge that does nothing but preside over the Surrogate’s Court. In fact, two of the five boroughs in the New York City area (Manhattan and Brooklyn), have two full-time Judges of the Surrogate’s Court.
The Judge is responsible for presiding over all proceedings pending before the Surrogate’s Court. In most counties, the Judge is present on the bench on the return date of?Citations. The Judge will also be present for almost all hearings, and certainly any trial with a jury present.?
In the City of New York, Judges of the Surrogate’s Court are elected for a 14-year term while Judges of the Surrogate’s Court in other counties generally serve for 10.?
The Judge is also the most visible “face of the Court,” and often takes steps to streamline the Court’s operations and make it as user-friendly as possible for the community it serves. It is not uncommon for Judges to also speak extensively and write scholarly articles of interest to lawyers and the general public.?
2. Chief Clerk?
The Chief Clerk is responsible for the day-to-day operations of the Surrogate’s Court. In some of the more populous counties, running the Surrogate’s Court can be like running a large business. Not only do they ensure that every proceeding runs smoothly, but they also will ensure that the Court has all of the materials, supplies, and resources it needs, including personnel.
The Chief Clerk is in charge of ensuring the smooth operation of every single team member in the Court. Additionally, the Chief Clerk will often work with members of the press who express an interest in observing proceedings and work with attorneys and community leaders to ensure that the information about how the Surrogate’s Court works is readily available to the community that it serves.
The Chief Clerk is ultimately responsible for maintaining all of the?records?of the Court, often with a staff that helps manage the Record Room.
3.?Court Attorney-Referee
Court Attorney-Referees are attorneys who are full-time employees of the Court system and work exclusively for the Judge of their particular Surrogate’s Court. The Judge will often deputize them to hold conferences among parties in contested proceedings, including discussing the possibility of?settlement.
The Surrogate’s Court can also refer certain types of hearings to Attorney-Referees, with the Judge making the final decision on the merits. These may include hearings to determine?kinship?or proceedings to determine the validity of a?creditor’s claim, among many, many others.
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Court Attorney-Referees may also assist the Judge in doing the legal research and writing necessary for the Judge to prepare their decisions. Depending on the volume the Court handles, the Court may have one Court Attorney or several. Sometimes, a Judge of the Surrogate’s Court will also have a Principal Law Clerk, who serves a similar role.
4.?Clerks
The Surrogate’s Court is divided into various departments, one for?Probate,?Administration, Accounting,?Guardianship, etc. I refer to everyone who works in these departments as Clerks, although in the parlance of the Court system, they may have slightly different titles, depending on their experience and longevity in the Court system.
The Clerks are the front lines of the Courts. They interface extensively with the public whenever someone is submitting a?petition?to the court, whether coming in to see them face-to-face, or?electronically filing papers. They also help the Court issue?Letters?when necessary.
The Clerks will ensure that all papers are in proper form and let parties or attorneys know when they must supplement them to comply with expectations. A very important tip that I learned very early on in my career: the Clerks are not your enemies – they are there to make sure that your papers are put together in the proper format. If they request that I submit papers in a certain way, I always take their direction.
Of course, there are other people who work on the Surrogate’s Court team as well, including media or public relations people, interpreters, tech and IT support, as well as building maintenance personnel. All of them play an integral role in ensuring the smooth and efficient operation of the Surrogate’s Court.?
I hope this article was interesting. I usually write on substantive law, but as members of the public often need to interface with the Surrogate’s Court, I thought that they might appreciate knowing a little bit more about the myriad team players that make the place tick.
For more information on this article, please?contact me.
Thomas Sciacca
(212) 495-0317