From the Chambers of Surrogate Rosemarie Montalbano & Acting Surrogate Carol R. Edmead
Important Information for the Bar & the Public
Governor Cuomo’s Executive Order 202.17 - Face covering requirement.
The NYS Bar Association has established a Pro Bono program to offer free counsel on certain Surrogate’s Court matters. Please visit their website at nysba.org/surrogatescourt for more information.
For NYSCEF assistance or the E-Filling Resource Center, please contact 646-386-3033 or nyscef@nycourts.gov. You can also visit https://iapps.courts.state.ny.us/nyscef/HomePage for more information.
NOTICE OF MANDATORY E-FILING FOR MATTERS FILED IN KINGS COUNTY SURROGATE’S COURT:
Effective March 21st, 2022, all submissions filed in the Kings County Surrogate’s Court shall be e-filed through the New York State Courts Electronic Filing System (NYSCEF). Submissions that are not e-filed shall be rejected and deemed a nullity. Notwithstanding, courtesy copies are required for all accounting proceedings, affidavits of due diligence and affidavits of publications. Please be advised that applications that require a working copy will not be reviewed until such time that a courtesy copy has been received.
Exceptions to the above mandatory e-filing requirement are filings of original wills and death certificates. Counsel or parties who opt-out of e-filing are exempt from this requirement.
To opt-out, counsel or parties must file with the Clerk of the appropriate Department, Notice of Opt-Out from Participation in Proceedings Subject to Mandatory Electronic Filing form.
Further, unrepresented persons, are automatically exempt from any obligation to e-file and will only participate in e-filing if they choose to do so.
WebSurrogate is now available in Kings County. Please visit https://websurrogates.nycourts.gov/ to access WebSurrogate.
From the Chambers of Surrogate Rosemarie Montalbano and Carol R. Edmead
I. CITATIONS
Effective immediately and until further written notice, all Citations and their Process Calendars will be held virtually via Microsoft Teams.
Process calendar before Surrogate Montalbano will be held every Tuesday at 10:00am.
Process calendar before Acting Surrogate Edmead will be held every Thursday at 10:00am.
You can access the process calendar for each of the Surrogate's, including guardianship matters, below:
JOIN TEAMS MEETING: KINGSURRCALENDAR
Or call in (audio only)
+1 347-378-4143, 202545209# United States, New York City
(833) 262-7886, 202545209# United States (Toll-free)
Phone Conference ID: 202 545 209#
Find a local number | Reset PIN
No personal appearance will be permitted on the return date of the citation. The return date will be held by electronic submission through electronic filing or paper written submission through the United States Postal mail. Therefore, that pursuant to the Kings County Surrogate’s Court “Notice to Cited Parties,” any response to the citation shall be sent prior to the return date of the citation to Kings County Surrogate’s Court either by electronic filing, or by any form of regular or overnight mail addressed to 2 Johnson Street, Brooklyn, New York 11201.
II. MOTION PRACTICE
Until further notice, all motions shall be made on submission only and any request for oral argument shall be made in writing.
Motions before Hon. Rosemarie Montalbano shall be scheduled on Tuesday’s at 11:00am:
Motions before Hon. Carol R. Edmead shall be scheduled on Thursday’s at 11:00am:
Motions must be filed via the NYSCEF system, unrepresented parties may e-file via NYSCEF, or mailing via USPS mail service or hand-delivery to the appropriate department of the Surrogate’s Court. The moving party should provide the respondent’s email address. Where a motion is time sensitive, in addition to filing the motion through the NYSCEF system, an affidavit of urgency may also be e-filed. All motions shall be served and filed in accordance with the requirements of SCPA and the Surrogate’s Court rules, and the CPLR.
III. STATUTE OF LIMITATIONS ISSUES AND OTHER URGENT MATTERS
For proceedings that have a statute of limitations approaching, attorneys shall commence the proceeding by filing via NYSCEF. Unrepresented parties may e-file via NYSCEF, or mailing via USPS mail service or hand-delivery to the appropriate department of the Surrogate’s Court. Parties shall outline the details of such urgency in the form of an affidavit and/or affirmation.
IV. ORDERS TO SHOW CAUSE
Effective immediately and until further written notice, all ORDERS To SHOW CAUSE/CONFERENCES/ and/or HEARINGS will be held virtually via Microsoft Teams.
You can access the Microsoft Teams meeting below:
JOIN TEAMS MEETING: KINGSURRCALENDAR
Or call in (audio only)
+1 347-378-4143, 202545209# United States, New York City
(833) 262-7886, 202545209# United States (Toll-free)
Phone Conference ID: 202 545 209#
Find a local number | Reset PIN
Surrogate's Court Calendar List
Surrogate's Court Calendar List
This list is updated on Friday, for the following week.
The terms of this notice are subject to modification as the need arises.
V. SAMPLE FORMS
INSTRUCTIONS ON THE FILING OF OBJECTIONS
AFFIDAVITS OF SERVICE FOR OBJECTIONS
AFFIDAVITS OF SERVICE FOR NOTICE OF APPEARANCES
RESOURCES FOR SELF-REPRESENTED COURT USERS
Office Info
Address
2 Johnson Street
Brooklyn, NY 11201
Surrogate
Hon. Rosemarie Montalbano
Acting Surrogate
Hon. Carol R. Edmead
Acting Chief Clerk
Patricia Halsey
Phone: 347-404-9700
KingSurr-chiefclerk@nycourts.gov
Departments
Miscellaneous Dept.
(Apt Searches/Safety Deposit Box Searches)
Phone: 347-404-9680
Kingsurr-misc@nycourts.gov
Accounting Department
(Estate & Trust Accountings)
Phone: 347-404-9685
Kingsurr-acc@nycourts.gov
Guardian / Adoption Department
(Infant / 17A Applications)
Phone: 347-404-9664
Kingsurr-guard@nycourts.gov
Probate Department
(Decedents leaving a will)
Phone: 347-404-9670
Kingsurr-probate@nycourts.gov
Administration Dept. / Small Estates
(Decedents leaving no will)
Phone: 347-404-9690
KingSurr-Admin@nycourts.gov
Cashier / Certificates / Certifications
(Fees)
Phone: 347-404-9730
Kingsurr-cashier@nycourts.gov
Records Department
Phone: 347-404-9710
Kingsurr-records@nycourts.gov
Law Department
Phone: 347-404-9700
Hon. Rosemarie Montalbano
KingSurr-Montalbano@nycourts.gov
Hon. Carol R. Edmead
KingSurr-lawdept@nycourts.gov