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What Is a Surrogate’s Court Citation?
When you receive a Surrogate’s Court citation in the mail, or someone hands you one at your doorstep, you may not be aware of what you’re receiving and why. A citation is a notice from the Court, requesting that you make an appearance in a pending proceeding. In Surrogate’s Court, this typically means that a Will is being offered for probate, or someone is seeking authority to act in an estate where you are a necessary party. When the Court issues a citation in a proceeding, the matter cannot move forward until all necessary parties have had the chance to be heard.
What Information Is Included in a Citation?
The citation will include a date to appear in court, as well as the address of the courthouse where the proceeding is held. It will also include the name and address of the deceased person and the person who requested the citation – typically, the proceeding’s Petitioner, and their attorney, should they have one. The citation should also set forth the reason why you are being asked to appear: most often, this is to give you an opportunity to consent or object to a Will being recognized as valid, or to a person being appointed as a fiduciary. If the citation is for probate – that is, where a Will is involved – you should also receive a copy of that Will for your review.
What to Do If You Receive a Surrogate’s Court Citation
You’ll want to familiarize yourself with the “why” section of the citation to determine your next steps. If you do not appear at the date set forth in the notice, the Court will assume that you consent to what the Petitioner is asking for. You do not need to appear at the Court date if you have no objection to the proceeding. However, if you have questions regarding the request or possible objections, you must appear at the citation date and make your position known to the Court. You may also request an adjournment – a brief stay in the proceeding – to provide for additional time for you to obtain information and consult with an attorney.
Do You Have to Appear In Person?
Some Surrogate’s Courts now use “virtual chambers” and do not allow for in-person appearances at the Court date. It is important that you review the Notice to Cited Parties that accompanies the citation and check whether appearances are in-person or virtual. If the appearances are virtual, the Court may require a written response from you several days before the Court date, indicating whether you intend to appear. This will allow the Court sufficient opportunity to forward you a link to appear by Zoom or Microsoft Teams and state your intent.
Reach Out To an Estates Attorney If You Have Questions About a Surrogate’s Court Citation
Receiving a notice from the Court may be unsettling, especially if it is unexpected – but the Court’s intent is not to scare you. The Court simply wants to ensure that you have a “seat at the table,” and that you are aware of a proceeding that may impact you. If you receive a citation and are unsure of your options, an experienced estates attorney can help you navigate the process.
By Britt Burner, Esq. and Frank Oswald, Esq.
Britt Burner, Esq. is the Managing Partner at Burner Prudenti Law, P.C. focusing her practice areas on Estate Planning and Elder Law. Frank Oswald, Esq. is an associate attorney at Burner Prudenti Law, P.C. focusing his practice areas on Trusts and Estates. Burner Prudenti Law, P.C. serves clients from New York City to the east end of Long Island with offices located in East Setauket, Westhampton Beach, Manhattan and East Hampton.
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What is Surrogate’s Court in New York?
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