New York Consolidated Laws, Surrogate's Court Procedure Act - SCP § 2101. General provisions

Unless otherwise indicated

1. All proceedings under this article and all proceedings within the jurisdiction of the court under 202

(a) May be commenced by a fiduciary, creditor or person interested.

(b) May be entertained by the court or may be reserved for determination in an accounting or other proceeding or the court may decline to entertain the proceeding.  All proceedings shall be deemed entertained unless rejected by the court in writing within 15 days of submission.

(c) Shall be commenced by petition, or any other pleading directed by the court, stating the jurisdictional facts and the facts applicable to the particular relief sought.

2. The jurisdiction of the court over the proceeding shall be deemed to continue until a decree or order therein is fully satisfied.

3. If the petition or other pleading is entertained service of process shall be made upon all persons interested in the proceeding and upon such other persons as directed by the court except that in any proceeding against a fiduciary under 2102 service shall be made only upon the fiduciary unless the court otherwise directs.

4. In any such proceeding the court may grant appropriate relief, grant or deny the relief in whole or in part upon such terms as it deems proper and make such decree or order as justice shall require and may require a refunding bond.


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