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.
Preliminary executor
Person appointed as fiduciary prior to a Will being admitted to probate, with no power to make distribution of estate assets pursuant to the Will until such time as the Will has been admitted to probate.
Pro se
For oneself; in one's own behalf; in person; a party is one who, without representation, acts as his/her own attorney.
Probate
Proceeding of an estate of a person who dies leaving a Will; the filing and proving of that Will.
Process
Statutory method necessary for the court to act and used by the court to put interested parties on notice of a petition and obtain jurisdiction over them.
Property
Anything that may be the subject of ownership and is real or personal . Personal includes bank accounts, cash, personal belongings, household furnishings, etc. Real includes land and any buildings thereon.
Proponent
Person who institutes a proceeding to prove a Will.
Putnam Hearing
A proceeding to determine impropriety when an attorney who draws a Will is also a legatee, or where there is reason to belief that any professional person has exerted undue influence on the deceased prior to writing a Will.
Remainderman
One who is entitled to have distributed to him/her the remainder of an estate upon the expiration or termination of a trust or life tenancy.
Renunciation of fiduciary letters
An acknowledged statement of a person or corporation that he/she/it is unwilling or unable to act in a fiduciary capacity.
Representation
A per capita distribution at each generational level (EPTL 1-2.16).
Residence
A place in which a person lives with or without an intention to make it a permanent home.
Respondent
Every party to a proceeding except a petitioner.
Retardate
A mentally retarded person (Mental Hygiene Law 1.03 (21)).
Seal
To close a case file from public scrutiny.
Self-represented
Any person who represents himself/herself in a court proceeding.
Service
The exhibition or delivery of a writ, notice, etc., officially notifying a person of some action or proceeding in which that person is concerned.
Service of process
Statutory method by which process is delivered (SCPA Section 307 and CPLR Section 308).
Show cause
An order, decree, execution, etc., to appear as directed, and present to the court such reasons and considerations as one has to offer why it should ot be confirmed, take effect, be executed, or as the case may be.
Small estate proceeding
An SCPA Article 13 proceeding for a voluntary administration of an estate, for which the gross or date of death value does not exceed the statutory limit based upon the date of death.
Stay
A stopping or suspension of procedure or execution by judicial or executive order.
Stipulation
An agreement by attorneys on opposite sides of a case as to any matter pertaining to the proceedings or trial. Most s must be in writing.
Subpoena
A direction of the court issued by an attorney or the court, commanding a person to appear in court.
Subpoena duces tecum
A subpoena commanding a person to produce in court, certain designated documents or records.
Supplementary petition
A petition that is filed by a party which seeks to change, enforce or review the order of the court which was previously entered in disposition of an original petition.
Surety
One who formally contracts to be responsible for the obligations of another person.