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.
Surrogate's Court
Court of law and record that has jurisdiction over all actions and proceedings relating to the affairs of decedents, probate of wills, administration of estates, appointment of guardians and supervision of fiduciaries (SCPA 201). has concurrent jurisdiction with Family Court over adoptions.
Temporary administrator
Person appointed as fiduciary of an estate with or without a Will to collect and manage, but not distribute the assets of an estate until a permanent administrator is appointed.
Testate estate
An estate of a decedent leaving a valid Will.
Testator
A person who makes or has made a testament or Will; one who dies leaving a Will.
Testimony
An oral declaration made by a witness or party under oath.
Transcript
The official record of proceedings in a trial or hearing.
Trial
The formal examination of a legal controversy in court so as to determine the issue.
Trustee
A fiduciary named in a Will or trust agreement to be responsible for property to be managed and used for the benefit of a beneficiary.
Venue
The particular county, city or geographical area in which a court with jurisdiction may hear and determine a case.
Verdict
The determination of a jury on the facts.
Verification
A sworn statement by a person signing a petition that the statements made in the petition are true.
Voluntary administrator
A person authorized to act under SCPA Article 13 as administrator to settle a small estate.
Waiver
An instrument signed by an interested party permitting the court to dispense with process.
Will
A statement disposing of a person's property upon his/her death.
With prejudice
The term, as applied to a judgment of dismissal, is as conclusive of rights of parties as if action had been prosecuted to final adjudication adverse to the petitioner.
Without prejudice
A dismissal "" allows a new suit to be brought on the same cause of action.
Witness
One who testifies to what he/she has seen, heard, or otherwise observed