§ 509 Effect of uncontroverted allegations of fact

When someone files a petition or an account in a Surrogate's Court case, the facts written in it are treated as true unless someone else steps in to challenge them. If no one files an answer, objection, or other evidence disputing those facts, the court will accept them as proven.

This matters because it puts the responsibility on other people involved in the case to speak up if they disagree with something. If you receive a copy of a petition or account and you think a fact in it is wrong, you need to formally object or provide evidence against it. Staying silent means the court can treat those statements as accurate, even without further proof.

The only exception is when another law specifically says something different applies. Otherwise, this rule saves time and paperwork by letting unchallenged facts stand as established, instead of requiring proof for every single detail in a case.