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Surrogate Court Questions

Surrogate Court is a court in charge of legal proceedings regarding settling an estate. Some Surrogate Courts also handle other matters such as guardianship, adoptions, and conservatorships. Generally, the policies of the court will determine what the Surrogate court handles.

While one court can generally handle all legal matter in a small community, larger cities require several different courts to handle the heavy case loads. To learn more about surrogate court, take a look at the questions below regarding surrogate court that have been answered by Experts.

How many days does a beneficiary have to object to a will which was probated in NJ and the beneficiary lives in NJ. What if the beneficiary lives in Vermont?

When a person passes, you can file a caveat with the Surrogate's Court in the county where the deceased lived or where he owned property. There is no waiting period to object to the will. It will all depend on where the will is to be entered into probate. This can be done until the time in which the Surrogate's Court has the will and records it and the application for probate. Generally, people who file within 10 days have a higher success rate.

You will not be able to appeal to have the will set aside to the Surrogate's Court once the will has been admitted to probate. At this point, if you plan to contest the will, you would have to file a complaint to the Superior Court in New Jersey. Rule 4:85-1 of the New Jersey Judiciary allows you four months to do this if you live in NJ and six months if you live elsewhere, in your case it would be Vermont.

Where can I access the contents of a will for an USA citizen? The will would be in New York.

Wills are only made public once they have entered probate. You will need to contact the clerk of court in the probate court where the will has been submitted. Probate court is known as Surrogate's Court in New York. In your situation, you would need to contact the Surrogate's Court in the county where the will has been submitted for probate. If you need a list of the Surrogate's Courts in the counties of New York, you can go here: http://www.courts.state.ny.us/courts/nyc/surrogates/index.shtml

In NY, if someone was willed money when a grandparent passed away in 2006, but the money is held up in Surrogate Court because there are minors also listed in the Will, what are the Surrogate Court rules on this type of situation?

Generally, the distribution of money shouldn't take this long but it can vary. As far as how the Surrogate works, the judge will appoint a guardian ad litem to oversee the minors interest in the will and assure that the minors receive their portion. This is an attorney who generally works for a small fee that is usually taken from the estate. The guardian will review the amount of the distribution and if they agree, they will sign them and the Surrogate will authorize the distribution. Once the Surrogate signs off on the distribution, the adults listed in the will should receive their check while the minor's portions will be sent to a bank account which will be given to the minors at the age of 18.

How would I go about getting a copy of my grandfather's Will from 1943? He died in Westchester County, New York State.

Once a will has been filed, it becomes a matter of public record. If you wish to get a copy of your grandfather's will, you need to contact the court clerk. You will be able to obtain a copy of the will there. However, if the will isn't filed, you could request the Surrogate's Court to order the person (or people) who have the will to produce it for the probate.

If you are interested in learning more about surrogate courts or have questions regarding a surrogate court, ask an Expert for legal insight. An Expert can assist you in finding the appropriate solution for your individual needs. Whether it is legal questions regarding a personal situation or inquiries about a friend, an Expert can offer solutions.

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Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Tina
Lawyer
Satisfied Customers: 8436
JD, BBA Over 25 years legal and business experience.
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25 years of experience helping people like you.

Recent Surrogate Court Questions

  • NYS attorney conduct. Is it attorney misconduct on part of

    NYS attorney conduct. Is it attorney misconduct on part of a 2nd attorney to retain a client for the exact same matter that another attorney had already been retained to do, without notifying the 1st attorney and or the Court, as it has a matter before it? The 1st attorney was retained to resolve the matter in Surrogate Court by the client; the 2nd attorney was retained by the client to resolve the same matter in in Civil Court.
  • I went to court to have the box released to me with my son

    I went to court to have the box released to me with my son which happen to be his son but I ran into a problem in his death certificate has his wife name since we were not married and they didn't accept it
  • i received a citation from a surrogate court in NY that says

    i received a citation from a surrogate court in NY that says "You are hereby cited to show cause before the Surrogate's Court of the County of ...at (address) on August 20, 2014 at 9:30AM, why a decree should be made in Testamentary Trust created under the Last Will of ... removing (name) as Trustee...and appointing (name) as Successor Trustee without bond and pursuant to SCPA 1502."
    I have no money for a lawyer. Does this say I have to show up or can I just ignore it or send in a reason why I can't be there? (taking son to college that week)
    Any response would be much appreciated - as I have no money to get professional help here.
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