Welcome to the Tioga Surrogate's Court Glossary
This page provides a list of commonly used words and phrases you may see or hear in Family Court. The glossary is designed to help explain court terms in clear, easy-to-understand language. We hope this resource makes it easier for you to understand court information and processes.
Devise
A gift or transfer by will of real property.
Devisee
Any person receiving a gift of real property under a Will.
Dismissal
Termination of a proceeding for a procedurally prescribed reason.
Dismissal without prejudice
Permits the party to bring the action again on the same cause of action, while dismissal "with prejudice" bars the right to bring or maintain an action on the same claim or cause.
Dispose
The act of terminating a judicial proceeding.
Disposition
The result of a judicial proceeding by withdrawal, settlement, order or judgment.
Distributee
Any person who would share in an estate pursuant to EPTL (Estates, Powers and Trusts Law) Section 4-1.1 or EPTL 4-1.2 if decedent did not leave a Will. Distributees are necessary parties to a probate proceeding because their right to share in the estate may be changed by the terms of the Will.
Domicile
A fixed, permanent and principal home to which a person wherever temporarily located always intends to return.
Domiciliary
A person whose domicile is within the State of New York.
Estate
All of the property of a decedent, infant or trust as originally constituted, and as from time to time exists during administration.
Et al.
An abbreviation of et alia meaning "and others."
Ex parte
An application made to the court without notice to other parties.
Executor
Person named in a Will to represent the estate. In order to act in such capacity, the person must be appointed by the court.
Exemplification (authentication)
An official transcript under seal of a document from public records made in form to be used in evidence and authenticated as a true copy, whereby signatures of the Chief Clerk and the Surrogate are verified by each other.
Family tree
A chart showing a decedent's distributees.
Fee
A fixed charge for services rendered on behalf of the court.
Fiduciary
The representative of an estate appointed by the court as executor, administrator, guardian, trustee or conservator and their successors (SCPA 103 (21)).
Filiation
Judicial determination of paternity.
Guardian
Any person to whom letters of ship, whether of the person, property or both, of an infant or mentally retarded or developmentally disabled person have been issued by a court of this state.
Guardian ad litem
An attorney appointed by the court to protect in a proceeding the interests of an infant or a person under disability.
Hearing
An examination where evidence is taken for the purpose of determining an issue of fact and reaching a decision on the basis of that evidence.
Hearsay
A type of testimony given by a witness who relates not what he/she knows personally, but what others have told the witness, or what the witness has heard said by others; may be admissible or inadmissible in court depending upon rules of evidence.
Incapacitated person
Any person who, for any cause, is incapable to adequately protect his/her rights, although not judicially declared an incompetent.
Infant
Any person under 18 years of age in the State of New York; provided, however, that such definition shall not be applicable to any provision relating to the N.Y. Uniform Gifts to Minors Act, N.Y. Uniform Transfer to Minors Act nor SCPA 1716.
Inter vivos trust
See lifetime trust.