Every Surrogate’s Court case is a special proceeding for which there is a presumption that no right to a jury trial exists. There is, however, a limited subset of a cases in which a Surrogate’s Court proceeding may be tried to a jury. In those instances, practitioners must be aware that Surrogate’s Court has its own unique rules and procedures, and that the failure to comply with them may result in the inadvertent waiver of a party’s right to a jury trial.

Right to a Jury Trial in Surrogate’s Court

“[T]rial[s] by jury [were] unknown in Surrogate’s Court until statutory provisions were made for [them]” Matter of Santillo, 103 Misc.2d 937, 938 (Surr. Ct. Erie Cty. 1980) (citing Potter v. Ricca, 111 N.Y.S.2d 489 (Sup. Ct. Westchester Cty. 1952)). Today, under SCPA §502(1), a jury trial is available (1) in a probate contest involving controverted questions of fact; (2) in a proceeding concerning the validity of a lifetime trust brought after the death of the grantor where there is a controverted question of fact; and (3) where a party has a constitutional right to a jury trial and duly demands one.