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.
From the Chambers of Surrogate Margarita López Torres
The Kings County Surrogate’s Court has established a virtual process for issuing and responding to Citations without appearing in-person for matters on Surrogate López Torres’ process calendar.
The citations for the virtual process must be served with a copy of a Citation Response Form and in accordance with Article Three of the Surrogate’s Court Procedure Act.
Please note, the Order for Service issued by Surrogate López Torres on October 16, 2020 has been vacated by Order of this Court effective June 24, 2021. Service of citations must be made pursuant to SCPA Article 3.
There shall be no in-person or videoconference on the citation return date. The virtual process is conducted entirely on submitted papers.
ATTORNEY RESPONSE TO CITATION
Attorneys should not submit a Citation Response Form, which is for use by self-represented persons. Attorneys should respond to the petition as provided for in SCPA or the CPLR.
SELF-REPRESENTED LITIGANT RESPONSE TO CITATION
If you are unsure of how you wish to proceed, you may submit a Citation Response Form and await a response from the court. Alternatively, if you do not wish to object but wish to be made aware of any subsequent documents filed in the proceeding, you should file a written notice of appearance. If you wish to oppose the relief requested you should either file verified objections along with the required fee, or avail yourself of other relevant provisions of the law.
II. MOTION PRACTICE
Until further notice, no motion shall be brought on notice before Surrogate López Torres. All motions should be made by Order to Show Cause. Motions must be filed via the NYSCEF system and a copy e-mailed to chambers, except that unrepresented parties may file Orders to Show Cause by mailing to the Court or hand-delivering to the Surrogate’s Court drop off basket located at the entrance to the courthouse. 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-mailed to chambers. The subject line of the email must indicate that an Affirmation of Urgency is attached and include the file name and number.
In lieu of bringing a motion before Surrogate López Torres, the parties may file a written stipulation through the NYSCEF system setting forth an agreed motion schedule. A copy of the fully executed stipulation shall be e-mailed directly to the assigned Court Attorney-Referee or to chambers if unassigned.
Chambers Email: KingSurrLopezTorres@nycourts.gov
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 the NYSCEF. Unrepresented parties may e-file via NYSCEF, or mailing via USPS mail service or hand-delivery to the Surrogate’s Court drop off bin located at the Court Street entrance to the courthouse. An Affidavit of Urgency must be provided for any proceeding requiring the court’s immediate attention. A courtesy copy of the Affirmation of Urgency may be emailed to KingSurrLopezTorres@nycourts.gov.
2 Johnson Street
Brooklyn, NY 11201
Hon. Margarita Lopez Torres
Hon. Harriet L. Thompson
Acting Chief Clerk
(To file Affidavits of Service, Applications to Open Safe Deposit Boxes & Sealed Apartments)
(Estate & Trust Accountings)
Guardian / Adoption Department
(Infant / 17A Applications)
(Decedents leaving a will)
Administration Dept. / Small Estates
(Decedents leaving no will)
Cashier / Certificates / Certifications