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Section 201. General jurisdiction of the surrogate`s court. 202. Enumerated proceedings not exclusive. 203. Jurisdiction of parties and subject matter. 204. Presumption of jurisdiction. 205. Domiciliaries; jurisdiction and venue 206. Non-domiciliaries; jurisdiction and venue 207. Lifetime trusts; jurisdiction and venue 208. Jurisdiction; how affected by locality of certain assets. 209. Powers incidental to jurisdiction of the court. 210. Jurisdictional predicate. 211. When jurisdiction in personam obtained. 212. Service of process. S 201. General jurisdiction of the surrogate`s court 1. The court has, is granted and shall continue to be vested with all the jurisdiction conferred upon it by the Constitution of the State of New York, and all other authority and jurisdiction now or hereafter conferred upon the court by any general or special statute or provision of law, including this act. 2. This and any grant of jurisdiction to the court shall be deemed an affirmative exercise of the legislative power under S 12 (e) of article VI of the Constitution and shall in all instances be deemed to include and confer upon the court full equity jurisdiction as to any action, proceeding or other matter over which jurisdiction is or may be conferred. 3. The court shall continue to exercise full and complete general jurisdiction in law and in equity to administer justice in all matters relating to estates and the affairs of decedents, and upon the return of any process to try and determine all questions, legal or equitable, arising between any or all of the parties to any action or proceeding, or between any party and any other person having any claim or interest therein, over whom jurisdiction has been obtained as to any and all matters necessary to be determined in order to make a full, equitable and complete disposition of the matter by such order or decree as justice requires. S 202. Enumerated proceedings not exclusive The proceedings enumerated in this act shall not be deemed exclusive and the court is empowered in any proceeding, whether or not specifically provided for, to exercise any of the jurisdiction granted to it by this act or other provisions of law, notwithstanding that the jurisdiction sought to be exercised in the proceeding is or may be exercised in or incidental to a different proceeding. S 203. Jurisdiction of parties and subject matter. The court obtains jurisdiction in every case to make a decree or other determination by the existence of the jurisdictional facts prescribed by statute. The jurisdiction of the court is exercised by the commencement of a proceeding in the court. All proceedings are special proceedings and are commenced by filing a petition. Personal jurisdiction of parties is obtained by service of process upon the parties or by submission to the jurisdiction of the court by waiver of issuance and service of process, appearance of an adult competent party in person or by attorney or by pleading. S 204. Presumption of jurisdiction Where the jurisdiction of the court to make a decree or other determination is drawn in question collaterally, the jurisdiction is presumptively and in the absence of fraud or collusion, conclusively established by an allegation of the jurisdictional facts contained in a verified pleading. Jurisdiction of the parties is presumptively proved by a recital to that effect in the decree. S 205. Domiciliaries; jurisdiction and venue 1. The surrogate`s court of any county has jurisdiction over the estate of a decedent who was a domiciliary of the state at the time of his death, disappearance or internment. The proper venue for proceedings relating to such estates is the county of the decedent`s domicile at the time of his death, disappearance or internment. 2. A surrogate shall transfer any proceeding to the surrogate`s court of the proper county either on his own motion or on the motion of any party. 3. Notwithstanding the foregoing provisions of this section, the surrogate`s court of any county has jurisdiction over, and is a proper venue for, the proceedings of any decedent who was a domiciliary of the state at the time of his or her death and who died as a result of wounds or injury incurred as a result of the terrorist attacks on September eleventh, two thousand one. S 206. Non-domiciliaries; jurisdiction and venue 1. The surrogate`s court of any county has jurisdiction over the estate of any non-domiciliary decedent who leaves property in the state, or a cause of action for wrongful death against a domiciliary of the state. The proper venue for proceedings relating to such estates is the county (a) where the non-domiciliary decedent left property, or (b) where personal property belonging to the non-domiciliary decedent has since his death, disappearance or internment come into and remains unadministered, or (c) of the domicile of the person against whom a non-domiciliary left a cause of action for wrongful death. 2. Where venue may lie in more than one county under the provisions of subdivision one, the court where a proceeding is first commenced with proper venue shall retain jurisdiction, and matters relating to the estate of the non-domiciliary decedent pending in the surrogate`s courts of other counties shall be transferred to it. 3. A surrogate shall transfer any proceeding to the surrogate`s court of the proper county either on his own motion or on the motion of any party. S 207. Lifetime trusts; jurisdiction and venue 1. The surrogate`s court of any county has jurisdiction over the estate of any lifetime trust which has assets in the state, or of which the grantor was a domiciliary of the state at the time of the commencement of a proceeding concerning the trust, or of which a trustee then acting resides in the state or, if other than a natural person, has its principal office in the state. The proper venue for proceedings relating to such lifetime trusts is the county where (a) assets of the trust estate are located, or (b) the grantor was domiciled at the time of the commencement of a proceeding concerning the trust, or (c) a trustee then acting resides, or, if other than a natural person, has its principal office. 2. Where venue may lie in more than one county under the provisions of subdivision one, the court where a proceeding is first commenced with proper venue shall retain jurisdiction, and matters relating to the estate of the lifetime trust pending in the surrogate`s courts of other counties shall be transferred to it. 3. A surrogate shall transfer any proceeding to the surrogate`s court of the proper county either on his own motion or on the motion of any party.
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S 208. Jurisdiction; how affected by locality of certain assets For the purpose of conferring jurisdiction upon the court: 1. A debt or a cause of action for wrongful death, in favor of a non-domiciliary against a domiciliary, is deemed personal property in the county where the domiciliary, or either of two or more such domiciliaries resides, or if other than a natural person, such domiciliary has its principal office, except that a debt evidenced by a negotiable instrument is deemed for jurisdictional purposes personal property in the county of the situs of the instrument. 2. An insurance policy upon the life of a non-domiciliary decedent shall have the situs of the principal office in this state of the company or corporation issuing the policy of insurance. 3. A share of stock of a corporation of this state owned by a non-domiciliary is deemed personal property in the county where the corporation has its principal office. 4. A life insurance policy or share of stock owned by a non-domiciliary is deemed personal property in the county where the policy or share of stock is situated, the provisions of subdivisions 2 and 3 notwithstanding. S 209. Powers incidental to jurisdiction of the court The court has power: 1. To open, vacate, modify or set aside any decree or order of the court directing distribution of the property of an estate which was made prior to the probate of and without knowledge of a will which affects such distribution, and in the same or a different proceeding, and on notice to the persons or the fiduciaries of the persons to whom the property has been distributed, to make such further and different direction as to such distribution as justice may require, and as an incident thereto, order the refund of any property theretofore distributed erroneously. 2. To sign any decision, decree or order, with its usual signature or initials, and all decisions, decrees or orders heretofore or hereafter so signed shall be valid and binding. 3. To transfer for trial in the surrogate`s court having jurisdiction any action or proceeding pending in any court other than the supreme court, which affects or relates to the administration of an estate and to receive for trial any such action or proceeding pending in the supreme court which may by order of the latter court be transferred to the surrogate`s court on the prior order of that court and to transfer any action or proceeding other than one which has been previously transferred to it or which affects or relates to the administration of an estate, to any other court, except the supreme court, having jurisdiction of the subject matter in any other judicial district or county provided such other court has jurisdiction over the classes of persons named as parties. 4. To determine a decedent`s interest in any property claimed to constitute a part of his gross estate subject to estate tax, or to be property available for distribution under his will or in intestacy or for payment of claims, and to determine the rights of any persons claiming an interest therein, as against the decedent, or as between themselves, and to construe any instruments made by him affecting such property. 5. To settle the account of a fiduciary of a common trust fund as provided in the banking law. 6. To determine any and all matters relating to lifetime trusts. 7. To entertain a proceeding under EPTL 8-1.1. 8. To dismiss any proceeding which the petitioner has neglected to prosecute diligently. 9. To determine any unfinished business pending before its predecessor in office and to sign or certify papers or records left uncompleted or unsigned by its predecessor. 10. In the exercise of its jurisdiction, the court shall have all of the powers that the supreme court would have in like actions and proceedings including, but not limited to, such incidental powers as are necessary to carry into effect all powers expressly conferred herein. 11. The enumeration of powers herein shall not be deemed exclusive. S 210. Jurisdictional predicate 1. Traditional bases. The court shall exercise jurisdiction over persons and property as heretofore or hereafter permitted by law. 2. Additional bases. (a) The court may exercise personal jurisdiction over any non-domiciliary, or his fiduciary, as to any matter within the subject matter jurisdiction of the court arising from any act or omission of the non-domiciliary within the state, either in person or through an agent and the court may exercise personal jurisdiction over any non-domiciliary, or his fiduciary, as to any matter arising from any act or omission of the non-domiciliary without the state affecting the real property in this state which was in the name of the domiciliary decedent of an estate or personal property which was on deposit in this state in a savings bank, savings and loan institution, commercial bank, lending institution or a brokerage account, stocks, bonds or other marketable securities registered in the name of the domiciliary decedent or with another within one year of the date of death of the domiciliary decedent. (b) The receipt and acceptance of any property paid or distributed out of and as part of the administration of an estate subject to the jurisdiction of the court, other than the payment of taxes under article 26 of the tax law to the commissioner of taxation and finance, shall constitute a submission by such recipient to the jurisdiction of the court as to any matter concerning the payment or distribution, including proceedings for the recovery thereof. S 211. When jurisdiction in personam obtained The court may exercise personal jurisdiction over any person as to any matter within the subject matter jurisdiction of the court, if, on analogous facts in an action in the supreme court, such person would be subject to the personal jurisdiction of that court. S 212. Service of process All processes of the court may be served and executed in any part of the state and without the state when authorized by law.