Overview

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.back to top

 

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

CITATIONS, ALL CATEGORIES

INSTRUCTIONS ON THE FILING OF OBJECTIONS

OBJECTIONS

AFFIDAVITS OF SERVICE FOR OBJECTIONS

NOTICE OF APPEARANCE FORM

AFFIDAVITS OF SERVICE FOR NOTICE OF APPEARANCES

RESOURCES FOR SELF-REPRESENTED COURT USERS

NOTICE TO CITED PARTIES

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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