Onondaga County Surrogate's Court

How to Proceed in Surrogate's Court

Judge Peter N. Wells is the Surrogate of Onondaga County. He is elected by the county electorate and serves a ten year term. The Surrogate's Court maintains jurisdiction over all actions and proceedings relating to the affairs of decedents. This includes the probate of wills ( testate) and administration of estates ( intestate). Except where otherwise provided, the Surrogate Court is governed by the Surrogate Court Procedure Act (SCPA), the Estates, Powers and Trusts Laws (EPTL), the Mental Hygiene Law (MHL) and the Uniform Rules for Surrogate's Court (22N.Y.C.R.R.).

If no provision is found therein, the Civil Practice Law and Rules (CPLR) and other pertinent laws shall apply. All proceedings are commenced by the filing of a petition. Personal jurisdiction is obtained over a party by his/her waiver of issuance and service of process, or by service of process upon her/him, or by the party's appearance.

Type of Proceedings:

Probate
Administration
Voluntary Administration