I Was Served With A Citation From Surrogate’s Court - What Is A Surrogate’s Court Citation and How Do I Respond?
A Surrogate’s Court Citation is a document meant to put a person on notice that the Court is about to take action regarding a matter that you have an interest in. There are a number of different types of Citations from Surrogate’s Court. These different types of citations reference the type of proceeding taking place in Court. Below are the three most common types of Citations you may be served with.
One type is a Probate Citation from Surrogate’s Court. A Probation Citation is served on a person who is either named in a Will being offered to the Court or is being adversely affected by the Will. You could be adversely affected by a Will in a number of ways. You could be the testator’s (the person who wrote the Will) next of kin (closest living relative) and the Will excludes you from getting any inheritance. You are being served with the Citation because if anything were to be wrong with the Will, then you are entitled to inherit. If you were served with a Probate Citation from Surrogate’s Court, it is important to hire an experienced Probate Attorney who can investigate the Will and make sure you are not missing out on an inheritance.
Another type of Surrogate’s Court Citation is an Administration Citation. An Administration Citation is served on a person who is entitled to be the administrator of a decedent’s estate. Likely, someone is applying to the Court to become the administrator of an estate and is giving you notice in case you object to them being the administrator. The administrator is the person in charge of collecting all the money and property of the decedent and is then trusted with dispersing the money according to the intestacy laws of New York State. If you believe the person who served you with the Administration Citation should not be trusted with the fiduciary duty of being the administrator of a loved ones estate, then you should contact an experienced Administration Lawyer to help you show cause.
A third type of Surrogate’s Court Citation is an Accounting Citation. An Accounting Citation is served by the fiduciary in order to be relieved of their duties as fiduciary. They are saying to the Court that they dispersed all of the money from the decedent’s estate properly, everyone got the money they deserved, and they are done with their job. If you are being served with an Accounting Citation, that means that you are being given notice of your last chance to tell the Court if you did not receive all the money you are entitled to and the fiduciary is not done with their job or is not properly doing their job. It is important to hire a lawyer that specializes in Surrogate’s Court matters so they can fight for you if there has been a breach of fiduciary duty to your detriment.
An Accounting Citation may also be served upon you by the Public Administrator. Sometimes, the Public Administrator steps in as fiduciary of an estate when someone dies. After the Public Administrator is finished collecting the assets of the estate, they serve an Accounting Citation on all parties they believe may be entitled to a share of the proceeds. If you have been served with an Accounting Citation from the Public Administrator, it is highly recommended that you seek the counsel of a Surrogate’s Court Attorney. An attorney will know how to respond to the Citation and help you prove to the Court that you are in fact entitled to the proceeds of a deceased relative’s estate.
The purpose of Surrogate’s Court Citations is to get jurisdiction over all those interested in the particular proceeding. Once you are served with a Citation, you are considered to be on notice of the proceeding. Now that you know about the proceeding, the Court expects you to either come to Court or not respond at all because you consent to the relief sought. This is why it is extremely important to contact a lawyer immediately once you receive a Citation. If you do not respond to the Court before the return date on the Citation, you will lose your ability to object to the proceeding and your silence will be taken as acceptance. If you believe the Court should hear from you regarding the matter for which you were served with a Citation, then it is wise to hire an attorney to represent your interests and speak on your behalf.