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Section 101. Short title; how cited. 102. Application of CPLR and other laws. 103. Definitions. 104. Application of act; confirmation of previous acts. 105. Rules for surrogates` courts. 106. Appendix of official forms. S 101. Short title; how cited This act shall be known as the surrogate`s court procedure act and may be cited as "SCPA". A provision of this act may be cited by its number without being preceded either by the word "section" or the symbol "S". Reference to an article or section without reference to another law shall be deemed to refer to an article or section of this act. S 102. Application of CPLR and other laws The CPLR and other laws applicable to practice and procedure apply in the surrogate`s court except where other procedure is provided by this act. S 103. Definitions When used in this act, unless otherwise required by the context, or unless a contrary intent is expressly declared in the provision to be construed, the words, phrases or clauses hereafter shall be construed as follows: 1. Acknowledged. Acknowledged or proved in the same manner as a deed is required to be acknowledged or proved and authenticated to be recorded in that county, except that when executed within the state, no certificate of the county clerk shall be required. 2. Administrator. Any person to whom letters of administration have been issued. 3. Administrator c. t. a. Any person to whom letters of administration with the will annexed have been issued. 4. Administrator d. b. n. Any person to whom letters of administration have been issued as a successor to an administrator. 5. Ancillary administrator. Any person to whom ancillary letters of administration have been issued. 6. Ancillary executor or administrator c. t. a. Any person to whom ancillary letters testamentary or ancillary letters of administration c. t. a. have been issued. 7. Ancillary guardian. Any person to whom ancillary letters of guardianship, whether of the person, property, or both, of an infant have been issued. 8. Beneficiary. Any person entitled to any part or all of an estate. 9. Bequest or legacy. A transfer of personal property by will. 9-a. Corporate trustee. Any trust company, any bank authorized to exercise fiduciary powers and any national bank having a principal, branch or trust office in this state and duly authorized to exercise fiduciary powers. 10. Court. The surrogate`s court, including any judge or surrogate assigned, elected or appointed to serve as judge of the court. 11. Creditor. Any person having a claim against a decedent or an estate. 12. Devise. When used as a noun, a transfer of real property by will. When used as a verb, to transfer real property by will. 13. Devisee. Any person to whom real property is transferred by will. 14. Distributee. Any person entitled to take or share in the property of a decedent under the statutes governing descent and distribution. 15. Domicile. A fixed, permanent and principal home to which a person wherever temporarily located always intends to return. 16. Domiciliary. A person whose domicile is within the state of New York. 17. Donee of a power during minority. Any person granted or deemed to have the power during minority to manage property vested in an infant. 18. Eligible to receive letters. Not disqualified on any of the grounds described in 707. 19. Estate. All of the property of a decedent, trust, absentee, internee or person for whom a guardian has been appointed as originally constituted, and as it from time to time exists during administration. 20. Executor. Any person to whom letters testamentary have been issued. 21. Fiduciary. An administrator, administrator c.t.a., administrator d.b.n., ancillary administrator, ancillary administrator c.t.a., ancillary executor, ancillary guardian, executor, guardian, preliminary executor, temporary administrator, testamentary trustee, to any of whom letters have been issued, and also the donee of a power during minority and a voluntary administrator and a public administrator acting as administrator or a public administrator or county treasurer to whom letters have been issued, and a lifetime trustee. 22. Funeral expense. Includes reasonable expense of a funeral, suitable church or other services as an integral part thereof, expense of interment or other disposition of the body, a burial lot and suitable monumental work thereon and a reasonable expenditure for perpetual care of a burial lot of the decedent. 23. Grantor. The creator of a lifetime trust. 24. Guardian. Any person to whom letters of guardianship have been issued by a court of this state, pursuant to this act, the family court act or article 81 of the mental hygiene law. 25. Incapacitated person. Any person who for any cause is incapable adequately to protect his or her rights, including a person for whom a guardian has been appointed pursuant to article 81 of the mental hygiene law. 26. Incompetent. Any person judicially declared incompetent to manage his affairs. 26-a. Individual trustee. Any trustee who is not a corporate trustee. 27. Infant. Any person under the age of eighteen years; provided, however, that such definition shall not be applicable to any provision relating to the New York Uniform Transfers to Minors Act, nor to section 1716 of this act. 28. Intestate. A person who dies without leaving a valid will. Where it is used with respect to particular property, a person who dies without effectively disposing of that property by will. When used as an adjective, to property not effectively disposed of by will. 29. Judicial settlement. A proceeding whereby the account of a fiduciary is settled and adjudicated by decree of the court. 30. Legal life tenant. Any person entitled for his life or for the life of another to the possession and use of real or personal property. 31. Lifetime trust. An express trust, including all amendments thereto, created during the grantor`s lifetime other than a trust for the benefit of creditors, a resulting or constructive trust, a business trust where certificates of beneficial interest are issued to the beneficiary, an investment trust, voting trust, a security instrument such as a deed of trust and a mortgage, a trust created by the judgment or decree of a court, a liquidation or reorganization trust, a trust for the sole purpose of paying dividends, interest, interest coupons, salaries, wages, pensions or profits, instruments wherein persons are mere nominees for others, or a trust created in deposits in any banking institution or savings and loan institution. 32. Lifetime trustee. A trustee acting under a lifetime trust. 33. Legatee. Any person designated to receive a transfer by will of personal property. 34. Letters. Includes letters of administration, letters of administration c. t. a., letters of administration d. b. n., limited letters of administration, ancillary letters of administration, ancillary letters of guardianship, ancillary letters testamentary, letters of guardianship, letters of temporary administration, letters testamentary, preliminary letters testamentary and letters of trusteeship. A testamentary trustee who has qualified without the issuance of letters shall be deemed for the purposes of this act to have received letters of trusteeship.
NY SCPA
NY EPTL
Introduction to Wills
Introduction to Trusts
35. Mailing or mail. A direction to mail or for mailing of process, notice or other paper requires deposit of such process, notice or other paper enclosed in a sealed postpaid envelope, directed to the person to be served or notified, in any post office or other depositary under the exclusive care and custody of the United States Postal Service. 35-a. Mailing by express mail. Mailing in conformity with the requirements of the United States Postal Service respecting express mail. 36. Mailing by registered or certified mail. A direction for mailing of process, notice or other paper by registered or certified mail requires mailing in conformity with the requirements of the United States Postal Service respecting registered or certified mail, as the case may be. 37. Mailing by registered or certified mail; return receipt requested. Mailing in conformity with the requirements of the United States Postal Service respecting registered mail with return receipt requested or certified mail with return receipt requested, as the case may be. 37-a. Mailing by special mail service. A direction for mailing of process, notice or other paper by special mail service requires mailing by express mail or use of any designated delivery service within the meaning of S7502(f)(2) of the United States Internal Revenue Code of 1986, as from time to time amended. 38. May. When used in this act, in relation to an act to be performed by the court, means in the discretion of the court. 39. Person interested. Any person entitled or allegedly entitled to share as beneficiary in the estate or the trustee in bankruptcy or receiver of such person. A creditor shall not be deemed a person interested. Where this act provides that a "person interested" may apply for relief, a verified allegation of an interest in fact, suffices for the purpose of the application, although the interest may be disputed, unless or until the fact of interest has been judicially determined and no appeal is pending therefrom. 40. Person under disability. Any person who is (a) an infant, (b) an incompetent, (c) an incapacitated person, (d) unknown or whose whereabouts are unknown or (e) confined as a prisoner who fails to appear under circumstances which the court finds are due to confinement in a penal institution. 40-a. Petition. A verified application in the manner provided in CPLR 3020, requesting action upon a matter or relief provided for in the estates, powers and trusts law or this act. 41. Preliminary executor. Any person to whom preliminary letters testamentary have been issued. 42. Presumptive distributee. Any person who would be a distributee as defined in this act, if the person alleged to be deceased, absentee or internee were dead. 43. Process. Citation, order to show cause, subpoena and any other mandate of the surrogate`s court by which jurisdiction is obtained of a party. 44. Property. Anything that may be the subject of ownership and is real or personal property, or is a chose in action. 45. Respondent. Every party to a proceeding except a petitioner. 46. Safe deposit company. Any corporation authorized under the banking law to let out receptacles for safe deposit of personal property. 47. Temporary administrator. Any person to whom letters of temporary administration have been issued. 48. Testamentary trust. A trust created by will. 49. Testamentary trustee. Any person to whom letters of trusteeship have been issued. 50. Trust. A testamentary trust or a lifetime trust. 51. Upon the return of process. The time and place for the return of any process and any adjournment thereof, and implies that due proof has been made that the court has jurisdiction over all parties who appeared, have waived or been duly served. 52. Will. A last will, including all the codicils thereto. S 104. Application of act; confirmation of previous acts Each provision of this act relating to the jurisdiction of the surrogate`s court over lifetime trusts or to take the proof of a will and to grant letters or appoint trustees or regulating the mode of procedure in any manner concerning a lifetime trust or an estate of a decedent applies unless otherwise expressly declared therein, whether the estate, if a lifetime trust, was created, or the will was made or the decedent died before or after this act takes effect. All acts hitherto of surrogates and officers acting as such by completing and certifying in their own names any uncertified wills, and by signing and certifying in their own names any uncertified records of wills, and of other proofs and examinations taken in the proceedings of probate thereof before their predecessors in office, are hereby confirmed and declared to be valid and in full compliance with the pre-existing statutory requirements. S 105. Rules for surrogates` courts The court in each county may make such rules for the conduct of business in its court as it may deem necessary, not inconsistent with statute, and subject to the rules and orders of the administrative board and appellate division applicable thereto. S 106. Appendix of official forms The state administrator of the state of New York shall have the power to adopt, amend and rescind an appendix of forms. Forms adopted pursuant to this section shall be sufficient under the surrogate`s court procedure act and shall be accepted for filing in all of the surrogate`s courts. Any judge of the surrogate`s court may provide forms other than the official forms for use in his county, provided, however, that the use of such forms shall not be required instead of the official forms.