Page images
PDF
EPUB

RULES OF PRACTICE

IN THE

SURROGATE'S COURT OF KINGS

COUNTY

RULES OF PRACTICE

IN THE

SURROGATE'S COURT OF KINGS

COUNTY

(Adopted January 1, 1906, and amended Sept. 9, 1909, and Jan, 20, 1910)

RULE 1. When open; calendar.

2. Notice of appearance. 3. Filing of copy of will; adjournments. 4. Settlement of orders and decrees. 5. Exemplified copies of foreign wills. 6. Principals and sureties to qualify at same time. 7. Allowance for support of infant. 8. When letters will not issue. 9. Endorsement of papers. 10. Special guardians. 11. Affidavit of regularity in proceeding for paying debts from realty. 12. Petition for voluntary accounting. 13. Reports of special guardians in accountings. 14. Notice of settlement, when required. 15. Objections to accounting. 16. Referee's report on contested account. 17. Accounting by executor, etc., with will annexed. 18. Continuous proceedings. 19. Allowance to executors, etc. 20. Custody of papers on file. 21. Disputed claims. 22. Failure to submit findings and decree; costs. 23. Application for leave to compromise. 24. Application for letters of administration.

Rule I. When open; calendar The Surrogate's Court is open for the transaction of business from 9 a. m. to 4 p. m., except Saturdays, when the office closes at noon; from July 1st to August 31st, inclusive, from 9 a. m. to 2 p. m.

Appearance; copies of wills; principals - Rules 2-6

Monday, Tuesday, Wednesday and Thursday are calendar days; the calendar will be called on those days at ten o'clock a. m.

Rule II. Notice of appearance

A party seeking to contest the probate of a will must file a notice of appearance with the clerk of the court, together with a verified answer.

Rule III. Filing of copy of will; adjournments In all probate proceedings a copy of a will must be filed with the petition; and on or before the return day of the citation the original will must be filed. The proofs of service should be returned before four o'clock on the day preceding the return of the citation. Should no one appear on the call of the calendar the proceeding will be adjourned to the next calendar day.

Rule IV. Settlement of orders and decrees

All orders and decrees to be entered on litigated motions, and all decrees in contested probate proceedings must be settled on two days' notice to all parties appearing.

Rule V. Exemplified copies of foreign wills All exemplified copies of foreign wills must be accompanied by a petition and order for recording the same.

Rule VI. Principals and sureties to qualify at same time

Principals and sureties in administration and guardianship appointments must appear and qualify at the same time before the administration clerk. No bond for a sum less than fifty dollars will be approved, and no bond given by a surety company where the penalty exceeds five thousand dollars will be approved unless a certificate

Infants; letters; endorsement; guardian

Rules 7-10

of the company is attached to said bond showing joint control of the fund.

Rule VII. Allowance for support of infants No allowance will be made to infants for support or education under section 2846, Code Civ. Pro., unless the petition shows that an annual accounting has been properly filed or good cause is therein shown why it has not been filed. The petition must show also the terms of any previous order in the same estate, or, if none has been made, that fact must be stated. Except in exceptional cases, an allowance will be made for the period of one year only, and the order must so provide. Where the infant is over fourteen years of age, he must join in the petition; and when application is made by any person other than the guardian of the property it must be made on at least two days' notice to such guardian.

Rule VIII. When letters will not issue No letters of administration will be issued while another application for letters on the same estate is pending.

Rule IX. Endorsement of papers

All petitions, decrees, orders and other papers must be endorsed with the title of the proceeding, distinctly indicating the nature of the application, title of the estate and name and post office address of attorney. A proposed order should not be attached to any other paper.

Rule X. Special guardian

In the absence of a petition by an infant over fourteen years of age for the appointment of a special guardian in any proceeding, the surrogate will appoint a special guardian upon his own motion. No special guardian to rep

« PreviousContinue »