1 Warren's Heaton on Surrogate's Court Practice § 5.02


Summary

  • [1] Required Contents of Petition

    All proceedings in the Surrogate’s Court are special proceedings and are commenced by filing the petition with the court.1Link to the text of the note Upon approval of the petition, the court will issue a citation to be served upon respondent. Generally, a proceeding is deemed commenced upon the filing of a petition, provided that process is issued and served within 120 days of the filing of the petition.2Link to the text of the note However, the Uniform Rules for Surrogate’s Courts provides that where a proceeding is e-filed, the proceeding is deemed filed upon the filing of the petition and the payment of the requisite filing fee.3Link to the text of the note

    The contents of a petition, in general, are governed by SCPA 304 which provides as follows:

    • § 304 Contents of petition 
      • In addition to such other requirements as may be applicable to the petition in a particular proceeding, a petition must substantially set forth:
        • 1. The title of the ...