22 NYCRR Part 207 — Uniform Rules Surrogates Court
Updated October 27, 2026
Statewide court type
Surrogate's Court proceedings
Collected from an official published rule text/index; no assertion that every provision is currently operative in every case. Preserve source version, amendments, waivers, specialized-section limits and applicable later orders.
Official source ↗ · Collected 2026-10-27
Section 207.4-a Electronic Filing in Surrogate's Court; Consensual Program
(d) E-filers. (1) In order to file documents electronically pursuant to these rules, an e-filer shall register with the Office of Court Administration of the New York State Unified Court System by filing with that Office a registration form promulgated by the Chief Administrator. Upon completion of registration, a user ID and password will be issued to the e-filer by NYSCEF. If, during the course of the proceeding, a pro se party who registered as an e-filer retains an attorney, the attorney shall register, if not already registered as an e-filer, and inform the Chief Clerk of his or her appearance on behalf of the pro se party.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.4-a Electronic Filing in Surrogate's Court; Consensual Program
(e) Electronic Filing of Documents. (1) An eligible proceeding may be commenced by filing the initial documents electronically, or may become an e-filed proceeding after commencement upon the filing of documents electronically pursuant to these rules. A party commencing a proceeding electronically, or the party first filing electronically, shall serve all other parties with a Notice regarding the use of e-filing and the procedure for participating therein in a form approved by the Chief Administrator, which may be obtained through NYSCEF. Such Notice shall be served, in person or by regular mail, prior to the return date of the citation. Proof of service of such Notice shall be promptly filed with the court.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.4-a Electronic Filing in Surrogate's Court; Consensual Program
(f) Signatures. (1) Every document which is e-filed shall be signed as required by Part 130 of the Rules of the Chief Administrator in accordance with this section. The document shall provide the signatory's name, address, e-mail address of record and telephone number.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.13 Qualification of guardians ad litem; filing report
(a) Each guardian ad litem shall qualify within 10 days of notification of appointment, or may be deemed unable to act. He or she shall review the court's guidelines for guardians ad litem , if available, and carefully examine all matters affecting the guardian's client and all processes and papers to ensure that they are regular and have been duly served. No decree shall be made in the proceeding until the guardian shall report these findings. The report shall be made in writing or, with the consent of the Surrogate, orally in open court, except as otherwise provided in SPCA 1754(4), within 10 court days of the guardian's appointment or from the date to which the proceeding was finally adjourned, unless extended by the court.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.38 Compromises
(4) the services rendered by the attorney in detail; (5) the amount to be paid as compensation to the attorney, including an itemization of disbursements on the case, and whether the compensation was fixed by prior agreement or based on reasonable value, and if by agreement, the person with whom such agreement was made and the terms thereof; and (6) an in camera submission of the terms and documentation of any interest or any other fees charged to the personal representative of the decedent which affects the interests of an infant distributee entitled to take or share in the proceeds of the settlement and any contingency or deferred payments agreement, and any money borrowed against anticipated settlement proceeds. The disclosure requirement does not pertain to attorney financing agreements which impact only the attorney and have no impact on the funds or obligations of an infant distributee. In the event such documentation is submitted, the court is authorized to disclose its contents to a guardian ad litem appointed to represent the infant’s interests, and to any party objecting to the proposed allocation and/or distribution of such proceeds. Any such information obtained shall not be disclosed, except upon further order of a court or the issuance of a subpoena.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.4 Papers filed in court; clerk's file number; official forms
(a) Unless otherwise specified by the court, attorneys, as well as parties appearing without attorneys, shall prepare and submit all papers, pleadings, orders and decrees to be acted upon by the Surrogate. The party causing the first paper to be filed shall communicate the clerk's file number forthwith to all other parties to the proceeding; service of the citation bearing the file number shall be sufficient. Thereafter such number shall appear on the outside cover and first page to the right of the caption of every paper tendered for filing in the proceeding. The caption also shall contain the title of the proceeding, an indication of the county of venue and a brief description of the nature of the paper. All papers shall comply with the provisions of CPLR 2101 and (other than wills, codicils, exhibits and forms of other governmental agencies) shall be on standard 8 1/2 inch by 11-inch paper. The text of all papers must be legible and, other than prompts and instructions, must be in a standard typeface of 10 to 12-point characters and have margins that shall be no less than one-half inch. Papers also shall contain the name of the attorney or party submitting them and, whenever possible, the names, addresses and information regarding parties to the proceeding shall be printed in bold typeface.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.4-a Electronic Filing in Surrogate's Court; Consensual Program
(1) "New York State Courts Electronic Filing System" ("NYSCEF") shall mean the system, located at the Internet site at www.nycourts.gov/efile , established by the Chief Administrator to permit the electronic transmission of documents to courts and parties in authorized cases.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.4-a Electronic Filing in Surrogate's Court; Consensual Program
(4) "Electronic filing" ("e-filing") shall mean the electronic transmission of documents through NYSCEF to the Surrogate's Court. (5) "Electronic service" ("e-service") shall mean the electronic transmission of documents to a party or that party's attorney or representative in accordance with these rules. E-service shall not include service of process to gain jurisdiction. E-service shall be complete upon transmission of documents to NYSCEF.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.4-a Electronic Filing in Surrogate's Court; Consensual Program
(10) "Working copy" shall mean a hard copy that is an exact copy of a document that has been electronically filed in accordance with this section. (c) Intent. (1) E-filing is voluntary and nothing herein shall preclude a party from filing and serving documents in hard copy. Except as provided in subdivision (e)(9), a party who initiates a proceeding by e-filing and any other party who chooses to participate as an e-filer must thereafter file, serve, and accept service of all documents electronically unless notice is given to the court and all other parties that the party no longer wishes to participate electronically.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.4-a Electronic Filing in Surrogate's Court; Consensual Program
(2) Registration as an e-filer shall not constitute consent to participate in any particular estate proceeding; consent to do so must be provided pursuant to subdivision (b)(2). (3) Upon learning of the compromise of the confidentiality of either the user ID or the password, the e-filer shall immediately notify NYSCEF, which shall arrange for the issuance of a new user ID or password as appropriate.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.4-a Electronic Filing in Surrogate's Court; Consensual Program
(2) In all other instances where service of documents is required, e-service may be made upon any party who is an e-filer in the proceeding. Upon e-filing of any such document, NYSCEF shall transmit notification of filing of the document to all e-mail service addresses of record. Such notification shall provide the date and time of filing and the names of those appearing on the list of e-mail service addresses of record who are receiving notification. The party receiving the notification shall be responsible for accessing NYSCEF to obtain a copy of the document filed. Proof of transmission to the party or the failure thereof shall be recorded by NYSCEF and displayed in the e-filing case record.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.4-a Electronic Filing in Surrogate's Court; Consensual Program
(h) Documents Filed by the Court. Decrees, judgments, orders, and decisions in proceedings governed by these rules shall be electronically filed by the court with the appropriate signature affixed and such e-filing shall constitute filing of the decree, judgment, or order. At the time of the filing of the decree, judgment, order, or decision, NYSCEF shall transmit by e-mail to the e-mail service addresses of record a notification that the decree, judgment, order, or decision has been filed and is accessible through NYSCEF. Such notice shall not constitute service of notice of filing by any party.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.4-aa Electronic Filing in Surrogate's Court; Mandatory Program
(3) Service of process. Service of process upon a party in a proceeding that must be commenced electronically in accordance with this section shall be made as provided in Article 3 of the Surrogate's Court Procedure Act, or by electronic means if the party served agrees to accept such service. Such service shall be accompanied by a notice, in a form approved by the Chief Administrator, advising the recipient that the proceeding is subject to electronic filing pursuant to this section. A party served by electronic means shall, within 24 hours of service, provide the serving party or attorney with an electronic confirmation that the service has been effected.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.4-aa Electronic Filing in Surrogate's Court; Mandatory Program
(d) Clerk of Court Not to Accept Hard Copies of Documents for Filing Where Electronic Filing Is Required. The clerk of the court shall refuse to accept for filing hard copies of documents sought to be filed in proceedings where such documents are required to be filed electronically.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.4-aa Electronic Filing in Surrogate's Court; Mandatory Program
(e) Exemption From the Requirement of Electronic Filing. Notwithstanding the foregoing, an attorney or a party who is not represented by an attorney in a proceeding that is required to be commenced electronically may claim exemption from having to file and serve documents electronically in accordance with this section by filing with the clerk of the court in which the proceeding is or will be pending a form, to be prescribed by the Chief Administrator, on which:
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.7 Service and filing of papers; motions
(b) Proof of service of the paper or notice upon all parties shall be filed with the original paper or notice. (c) In all proceedings the proof of service of process, notices of motion and orders to show cause shall be filed on or before the second day preceding the return date unless the court otherwise permits. In computing such period of two days, Saturdays, Sundays and legal holidays shall not be taken into account. This provision shall not apply to an order to show cause returnable in such limited time as to make compliance with its provisions impracticable.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.7 Service and filing of papers; motions
(d) All contested motions and proceedings shall be made returnable on any day the court is in session, unless otherwise provided in the local rules of the court or by order of the Surrogate. (e) Unless the court otherwise permits, the moving party shall serve copies of all affidavits and briefs upon all other parties at the time of service of the notice of motion. The answering party shall serve copies of all affidavits and briefs as required by CPLR 2214. Affidavits shall be for a statement of the relevant facts, and briefs shall be for a statement of the relevant law. Unless otherwise directed by the court, answering and reply affidavits and briefs and all papers required to be furnished to the court by CPLR 2214(c) must be filed no later than the time of argument or submission of the motion.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.7 Service and filing of papers; motions
(f) The Surrogate may determine that any or all motions in that court be orally argued and may direct that moving and responding papers be filed with the court prior to the time of argument. (g) (1) Unless oral argument has been requested by a party and permitted by the court, or directed by the court, motion papers received by the clerk of the court on or before the return date shall be deemed submitted as of the return date.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.7 Service and filing of papers; motions
(i) a party intends to make an application to the court that is not on the consent of all parties; (ii) attendance of counsel or oral argument is directed by the court; or (iii) oral argument is requested by a party. (3) Attendance by counsel for a party not requesting oral argument is not required where the hearing of oral argument is based solely upon the request of another party.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.7 Service and filing of papers; motions
(4) A party requesting oral argument shall set forth such request in its notice of motion or on the first page of the answering papers, as the case may be. A party requesting oral argument on a motion brought on by order to show cause shall do so as soon as possible prior to the time the motion is to be heard.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.9 Appearances
(a) A person not named in a citation, but who claims to be interested in the proceeding and wishes to intervene therein, shall file a notice of appearance and a petition or affidavit alleging interest. (b) Unless otherwise directed by the Surrogate, attorneys appearing on behalf of nondomiciliaries or parties not personally served within the State must furnish acknowledged evidence of authority pursuant to SCPA 401.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.9 Appearances
(c) When directed by the Surrogate, in addition to filing an appearance as required by SCPA 404, a guardian ad litem shall serve a notice of appearance upon all parties.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.19 Probate; filing of will; depositions; proof by affidavit
(a) With every petition for probate of a will there must be filed the original will and a copy thereof, except in the case of lost or destroyed wills or where the Surrogate dispenses therewith or fixes a later time within which such will must be filed. With such copy there must also be filed an affidavit showing that it is a true copy of the original. If the copy be a reproduction by photographic or similar process, the affidavit shall be by one person; otherwise it shall be by the two persons who have compared the copy with the original. In a proceeding for probate of a will alleged to be lost or destroyed, the Surrogate may make such order in respect of the filing of the text thereof as he or she may deem proper.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.24 Discontinuance of actions
In any discontinued action or proceeding, the attorney for the plaintiff or petitioner shall file a stipulation or statement of discontinuance with the clerk of the court within 20 days of such discontinuance. If the action or proceeding has been noticed for judicial activity within 20 days of such discontinuance, the stipulation or statement shall be filed before the date scheduled for such activity.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.29 Note of issue; pretrial conference
(a) The court may establish such calendars of cases as it deems necessary or desirable for proper case management and may schedule calls of such calendars at such times and in such manner as it deems appropriate. (b) The court may direct that a trial or hearing date shall not be fixed until after a party shall file in duplicate a note of issue with a certificate of readiness in a form prescribed by the court together with an affidavit of service of said note of issue and certificate of readiness upon all parties who have appeared. The note of issue filed shall contain a statement of the estimated trial time each party will require.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.29 Note of issue; pretrial conference
(c) A pretrial conference may be directed by the court, either before or after a trial date is fixed, at which the parties shall attend. At such conference, a schedule of dates for the completion of examinations, disclosure matters, bills of particulars and other pretrial matters may be directed. The court may direct parties to submit for inspection documents and exhibits, may require counsel to stipulate as to facts and issues, and may direct severance or consolidation of issues.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.31 Jury trials; order framing issues
(a) No matter shall be assigned a date for trial by jury until an order framing issues and directing a trial by jury has been made pursuant to SCPA 502. (b) Whenever a jury trial has been demanded, any party on five days' notice of settlement to the attorneys for all other parties who have appeared may present a proposed order framing the issues and directing such trial by jury. Such order shall state plainly and concisely the controverted questions of fact to be determined by the jury.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.31 Jury trials; order framing issues
(c) In such order, the court may fix a date for trial or on which the matter will be placed on the calendar for assignment of trial date. Such order must be served on all parties who have appeared at least 15 days before date of trial or date of calendar call and proof of service filed at least 10 days before such date of trial or calendar call.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.33 Engagement of counsel
No adjournment shall be granted on the ground of engagement of counsel except in accordance with Part 125 of the Rules of the Chief Administrator (22 NYCRR Part 125).
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.35 Absence of attorney during trial
All trial counsel shall remain in attendance at all stages of the trial until the jury retires to deliberate unless excused by the Surrogate. Any counsel not present during the jury deliberation, further requests to charge, or report of the jury verdict shall be deemed to stipulate that the court may proceed in his or her absence and to waive any irregularity in proceedings taken in his or her absence. The court may permit trial counsel to leave, provided that counsel remain in telephone contact with the court.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.37 Submission of orders, judgments and decrees for signature
(b) Failure to submit the order or judgment timely shall be deemed an abandonment of the motion or proceeding unless for good cause shown. (c) (1) When settlement of an order or judgment is directed by the court, a copy of the proposed order or judgment with notice of settlement, returnable at the office of the clerk of the part in which the order or judgment was granted, or before the judge if the court has so directed or if the clerk is unavailable, shall be served on all parties either:
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.38 Compromises
(8) the cost of any annuities in compromises based upon structured settlements in wrongful death actions; and (9) an in camera submission of the terms and documentation of any interest or any other fees charged to the personal representative of the decedent which affects the interest of an infant distributee entitled to share in the proceeds of the settlement, any contingency or deferred payments agreement, and any money borrowed against anticipated settlement proceeds. The disclosure requirement does not pertain to attorney financing agreements which impact only the attorney and have no impact on the funds or obligations of an infant distributee. In the event such documentation is submitted, the court is authorized to disclose its contents to a guardian ad litem appointed to represent the infant’s interests, and to any party objecting to the proposed allocation and/or distribution of such proceeds. Any such information obtained shall not be disclosed, except upon further order of a court or the issuance of a subpoena.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.38 Compromises
(f) Whenever papers are filed for the compromise of a cause of action in which the original action alleged conscious pain and suffering and wrongful death, and the action is subsequently settled for wrongful death only, the waivers and consents of any adult distributees who will not share in the recovery must recite that they are aware that, by consenting that the entire settlement be considered as a settlement of the cause of action for wrongful death, they are waiving the right to receive any distributive share out of the settlement.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.39 Costs and allowances
(a) On the settlement of a decree, any party who shall deem himself entitled to costs may present a bill of costs, provided that at least two days' notice of the taxation thereof has been served on all attorneys appearing in the proceeding. Each bill of costs must show the items of costs to which the party deems himself entitled and must contain an itemized list of any disbursements claims, duly verified both as to amount and necessity. The disbursements for referee's and stenographer's fees may be evidenced by affidavit or by such other proof as may be satisfactory to the court.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.48 Filing and recording of powers of attorney
(a) No power of attorney affecting any interest in a decedent's estate shall be filed or recorded pursuant to EPTL 13-2.3 unless: (1) the instrument is satisfactory to the court as to form, content and manner of execution; and (2) the person offering the instrument for filing or recording shall furnish an affidavit of the attorney-in-fact, stating: the circumstances under which the power of attorney was procured; the post office address of the grantor, the amount of his or her interest and relationship, if any, to the decedent; the financial arrangement and exact terms of compensation of the attorney-in- fact or of any other person concerned with the matter; disbursements to be charged to the grantor; a copy of any agreement concerning compensation; and the name of any attorney representing the attorney-in-fact.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.51 Appearance of a guardian, committee or conservator; affidavit required of attorney
If the affidavit required by SCPA 402 shows that the guardian, committee or conservator is entitled to share in the distribution of the estate or fund in which the infant, incompetent or conservatee is interested or that the guardian, committee or conservator is in any way interested in the estate or fund, such affidavit must state fully the nature of his or her interest. Whenever a guardian, committee or conservator appears by an attorney, the latter shall accompany his or her notice of appearance with an affidavit showing the circumstances which led to his or her employment and whether his or her employment was suggested or accelerated either directly or indirectly by the proponent or accounting party or by the attorney for either of them or by any other person whose interest in the proceeding is adverse to that of the infant, incompetent or conservatee, and showing further that the attorney is free of any restraint, whether professional, personal or otherwise, in his or her complete independence of action on behalf of his or her client or ward.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.57 Special applications
All applications, including applications to dispense with statutorily required personal appearances, period of residence of a child, or period of waiting after filing of the adoption petition, shall be made in writing and shall be accompanied by affidavits setting forth the reasons for the application and all facts relevant thereto.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.62 Calendaring of proceedings for adoption from an authorized agency
(b) If such basis is found, the court shall schedule the appearance of the adoptive parent(s) and child before the court, for approval of the adoption, within 30 days of the date of the review. (c) If, upon the court's review, the court finds that there is not an adequate basis for approval of the adoption, the court shall direct such further hearings, submissions or appearances as may be required, and the proceeding shall be adjourned as required for such purposes.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.64 Omission or Redaction of Confidential Personal Information; Public Access to Certain Filings
(2) The court sua sponte or on motion by any person may order a party to remove CPI from papers or to resubmit a paper with such information redacted; order the clerk to seal the papers or a portion thereof containing CPI in accordance with the requirement of 22 NYCRR §216.1 that any sealing be no broader than necessary to protect the CPI; for good cause permit the inclusion of CPI in papers; order a party to file an unredacted copy under seal for in camera review; or determine that information in a particular action is not confidential. The court shall consider the pro se status of any party in granting relief pursuant to this provision.
Surrogate's Court proceedings
Source page web_or_saved_captureSection 207.64 Omission or Redaction of Confidential Personal Information; Public Access to Certain Filings
This rule shall not preclude disclosure or copying of any index of filings maintained by the court. Any determination by the court regarding access to any filings may be the subject of an appropriate motion for clarification or reconsideration.
Surrogate's Court proceedings
Source page web_or_saved_capture