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The Surrogate's Court of the State of New York handles all probate and estate proceedings in the New York State Unified Court System. All wills are probated in this court and all estates of people who die without a will are handled in this court. Unclaimed property of the deceased without wills is handled by the Judge of this court.
The New York Codes, Rules and Regulations (NYCRR) contains New York state rules and regulations. [1] The NYCRR is officially compiled by the New York State Department of State 's Division of Administrative Rules.
[6] [9] Online resources include LexisNexis, WestLaw, the LRS, and the New York Legislative Service, and selected laws can be found online on the New York State Legislature website and the free public legislative website. [6] [9] The pocket part was introduced in 1916 by the West Publishing Company to update McKinney's. [15]
A probate court (sometimes called a surrogate court) is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. [1] In some jurisdictions, such courts may be referred to as orphans' courts [ 2 ] or courts of ordinary.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the state where the deceased resided at the time of their death.
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Procedural rules for the probate process 4 Foreign Personal Representatives and Ancillary Administration: Rules governing personal representatives outside the decedent's domiciliary state 5 Protection of Persons under Disability and their Property: Power of attorney and rules for guardianship of minors and incapacitated persons 6
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