Tioga Surrogate's Court Tioga County Surrogate's Court Glossary

An estate of a person who died without a Will.

The descendants in any degree from a common ancestor including adopted children (EPTL 1-2.10).

A formal proceeding with notice to and the securing of jurisdiction over interested parties, whereby the court reviews and approves the account filed by the fiduciary of her/her administration of the estate and is adjudicated by decree of the court.

The clause written at the bottom of an affidavit stating when, where and before whom such affidavit was sworn.

The geographic limits in which the court's authority can be exercised. Also refers to the power of the court to handle certain proceedings prescribed by law. (See Surrogate's Court)

A prescribed number of persons selected according to law and sworn to make findings of fact.

Any person designated to receive a transfer by will of personal property.

Letters are the documents with the court seal showing the authority given in a decree signed by the Surrogate designating the person(s) or corporation to act as fiduciaries.

A book used for keeping a record of specific documents or events having legal effect.

An express trust, including all amendments thereto, created during the grantors lifetime other than a trust for the benefit of creditors, a resulting or constructive trust, a business trust where certificates of beneficial interest are issued to the beneficiary, an investment trust, voting trust, a security instrument such as a deed of trust and a mortgage, a trust created by the judgment or decree of a court, a liquidation or reorganization trust.

Document with court seal showing the authority given to a person or persons in a decree signed by the Surrogate designating that person or persons to act as fiduciary with specific limitations and restriction on the authority of the fiduciary so noted.

Child born out-of-wedlock.

(now for then) presently considered as if occurring at an earlier date; effective retroactively.

A sworn statement taken before an officer authorized to administer oaths by a person in order to become a fiduciary. An oath states that the person will faithfully and honestly discharge the duties of his office. Designation authorizes the Chief Clerk to receive process issuing from his/her Surrogate's Court.

A verified written statement in opposition to the relief sought in a petition.

Direction by the court requiring an expeditious determination for relief sought. See Process.

The litigants in a legal proceeding.

A method of distributing estate assets, whereby each beneficiary receives an equal share.

A distribution of property made to persons who take as issue, the share which their deceased ancestor would take if living. See Representation.

Any person who is (a) an infant, (b) an incompetent, (c) an incapacitated person, (d) unknown or whose whereabouts are unknown, or (e) confined as a prisoner who fails to appear under circumstances which the court finds are due to confinement in a penal institution.

Any person entitled either absolutely or contingently to share as beneficiary in the estate or the trustee in bankruptcy or receiver of such person. A creditor shall be deemed a person interested. Where SCPA provides that a "person interested" may apply for relief, a verified allegation of an interest in fact, suffices for the purpose of the application, although the interest may be disputed, unless or until the fact of interest has been judicially determined and no appeal is pending therefrom.

A verified written request to commence any proceeding for specific relief.

A person who signs and verifies a petition.

Petition, answer and reply.

Instrument authorizing one to act legally for another either generally or in a specified matter.