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New York Surrogate's Court Procedure Act – 2026

The Surrogate's Court Procedure Act is the New York Legislature's statute governing practice in the Surrogate's Court: probate and administration of estates, letters testamentary and of administration, accountings, claims against an estate, guardianship of the person and property of an infant, adoption, and proceedings concerning trusts. It is a different body of law from the Uniform Rules for the Surrogate's Court (22 NYCRR Part 207), which are the court system's own practice rules for the same court.

Browse all 386 rules of the 2026 edition organized by section below. Each rule includes the full text, a plain-English summary, committee notes, amendment history, and cross-references to related rules. Use the search box to find rules by keyword or number.

Sections

Article 1: General Article 2: Jurisdiction and Powers Article 3: Proceedings, Pleadings and Process Article 4: Appearance; Protection of Persons Under Disability; Counsel For Indigent Adults In Surrogate's Court Proceedings Article 5: Trials and Hearings Article 6: Orders and Decrees Article 7: General Provisions Relating to Letters Article 8: General Provisions Relating to Bonds Article 9: Temporary Administration--absentees and Internees Article 10: Intestate Administration Article 11: Public Administrators of the Counties Within the City of New York Article 12: Public Administrators In the Counties of Erie, Monroe, Nassau, Onondaga, Suffolk and Westchester and County Treasurers Appointed Administrators Article 13: Settlement of Small Estates Without Court Administration Article 14: Probate Proceedings; Construction of Wills; Right of Election Article 15: Trusts and Trustees Article 16: Foreign Estates Article 17: Guardians and Custodians Article 17-A: Guardians of Persons Who Are Intellectually Disabled and Developmentally Disabled Article 18: Claims; Payment of Debts and Funeral Expenses Article 19: Disposition of Real Property Article 20: Proceeding to Open Safe Deposit Box Article 21: Miscellaneous Proceedings Article 22: Accounting Article 23: Costs, Allowances and Commissions Article 24: Court Fees Article 25: Records and Recording Article 26: The Surrogate's Court and Its Officers Article 27: Appeals Article 28: Repeal; Savings Clause; Effective Date
Article 1: General §§ 101–107 Article 2: Jurisdiction and Powers §§ 201–212 Article 3: Proceedings, Pleadings and Process §§ 301–316 Article 4: Appearance; Protection of Persons Under Disability; Counsel For Indigent Adults In Surrogate's Court Proceedings §§ 401–407 Article 5: Trials and Hearings §§ 501–510 Article 6: Orders and Decrees §§ 601–607 Article 7: General Provisions Relating to Letters §§ 701–725 Article 8: General Provisions Relating to Bonds §§ 801–811 Article 9: Temporary Administration--absentees and Internees §§ 901–911 Article 10: Intestate Administration §§ 1001–1007 Article 11: Public Administrators of the Counties Within the City of New York §§ 1101–1128 Article 12: Public Administrators In the Counties of Erie, Monroe, Nassau, Onondaga, Suffolk and Westchester and County Treasurers Appointed Administrators §§ 1201–1219 Article 13: Settlement of Small Estates Without Court Administration §§ 1301–1312 Article 14: Probate Proceedings; Construction of Wills; Right of Election §§ 1401–1424 Article 15: Trusts and Trustees §§ 1501–1509 Article 16: Foreign Estates §§ 1601–1616 Article 17: Guardians and Custodians §§ 1701–1727 Article 17-A: Guardians of Persons Who Are Intellectually Disabled and Developmentally Disabled §§ 1750–1761 Article 18: Claims; Payment of Debts and Funeral Expenses §§ 1802–1814 Article 19: Disposition of Real Property §§ 1901–1923 Article 20: Proceeding to Open Safe Deposit Box §§ 2001–2003 Article 21: Miscellaneous Proceedings §§ 2101–2115 Article 22: Accounting §§ 2201–2227 Article 23: Costs, Allowances and Commissions §§ 2301–2313 Article 24: Court Fees §§ 2401–2404 Article 25: Records and Recording §§ 2501–2509 Article 26: The Surrogate's Court and Its Officers §§ 2601–2611 Article 27: Appeals §§ 2701–2702 Article 28: Repeal; Savings Clause; Effective Date §§ 2801–2805