The limited nature of subject matter jurisdiction in the New York State’s Surrogate’s Court can sometimes cause confusion, especially when trying to assess the outer limits of the court’s power. The Surrogate’s Court Procedure Act (SCPA) §§201 and 202 seek to statutorily define the jurisdiction of the Surrogate’s Court; however, in practice, the actual extension of the court’s jurisdiction may be much more fact-specific. This article explores the jurisdiction of the Surrogate’s Court and its historical roots.1
Historical Background
Originally, the Surrogate’s jurisdiction was very limited. Questions often arose as to whether particular matters were within the Surrogate’s jurisdiction to decide. Due to this uncertainty, Surrogates were extremely careful about the jurisdiction they assumed and would generally err on the side of caution. For example, in discovery proceedings, the predecessor to what is now SCPA 2103 (a proceeding by a fiduciary to discover property withheld or to obtain information), envisioned a replevy action, and the Surrogate would usually not take jurisdiction over a fiduciary’s attempts to discover real property, insurance proceeds, or contract actions. There was also a long-standing decision by the Legislature to exclude jurisdiction over inter-vivos trusts. Indeed, inter-vivos continued to be excluded when the SCPA was originally enacted in 1966.2
