The Administrative Judge of the 3rd Judicial District, the Surrogate of Greene County, and the Chief Clerk of Greene County Surrogate's Court hereby promulgate local user protocols (Protocols) to assist users with the New York State Courts Electronic Filing System (NYSCEF). NYSCEF has been implemented in Greene County Surrogate's Court in accordance with the program established by the Chief Administrator of the Courts pursuant to Uniform Rules for Surrogate's Court (22 NYCRR) 207.4-a and 207.4-aa, and these Protocols provide guidance with respect to local practice and procedures used to process filings, fees, and court calendaring. Users should also review the NYSCEF website (www.nycourts.gov/efile). These Protocols do not supersede any statutory or regulatory provisions regarding electronic filing as those are controlling and take precedence.
- Cases Types Eligible for E-Filing
- Mandatory E-Filing: E-filing is mandatory in all new proceedings (Administration, Probate, Voluntary Administration, Accounting and Wrongful deaths) filed in this court for attorneys only, other than guardianships and unrepresented (PRO-SE) filings. Except in limited circumstances, all such proceedings must be commenced by filing with the court electronically through NYSCEF and all subsequent documents in such proceedings must be e-filed.
- Hybrid Proceedings: The NYSCEF System will allow a filer to e-file a document in a non e-filed
estate in accordance with Uniform Rule 207.4-a (e) (1). The first party filing electronically in a hybrid proceeding, shall
serve all other parties with a Notice Regarding Availability of Electronic Filing (see NYSCEF Forms
page). Proof of service of such Notice shall be promptly filed with the court. Attorneys who do not consent to the use of e-filing
in a hybrid proceeding should file a declination of consent with the court and serve the declination on all parties.
Non-participating attorneys must attach a Notice of Hard Copy Submission – E-Filed Proceeding to all hard copy filings. This court
will allow a previously hard-filed estate to proceed by e-filing, thereby creating a hybrid record. Previously hard-filed estate
records will be retained in paper form and will not be uploaded to the NYSCEF system, unless determined necessary. Once an estate
is e-filed or becomes an e-filed matter (hybrid), then all subsequent document filings and proceedings should be further efiled.
In the event of a hard-filing to an e-filed case (i.e. verified claim, GAL report, etc.), court staff will scan and upload the hard-filed document(s) to the NYSCEF record, and all consenting parties who have appeared in the case will receive notification of the uploaded document(s). - Documents Must Be E-Filed: Unless otherwise provided in the e-filing rules, these Protocols, or where a special exemption is granted (e.g., oversized exhibits in Section 3, below), all documents to be filed with the court in a NYSCEF case must be filed with the NYSCEF system.
- Adoptions proceedings are not currently handled by Greene County Surrogate's Court.
- Exemptions from Mandatory E-Filing
- Guardianships are currently exempt from the e-filing program.
- An attorney who certifies in good faith that he/she lacks the equipment or knowledge needed to e-file and has no staff person under his/her direction who has such knowledge or needed equipment may opt out of e-filing in a mandatory case by filing an opt-out form with the court (NYSCEF form). Attorneys may also be exempted by the court for good cause shown.
- Unrepresented litigants, proposed intervenors, or a non-party who is unrepresented seeking relief from the Court are not required to e-file and serve documents electronically.
- E-Filing Documents in Surrogate's Court:
- Essential Step Prior to E-Filing: Prior to entering any information into an initial filing, you should run an inquiry on the decedent's last name, using the first initial, to determine if a file is already open. Due to the numbering system in Surrogate's Court, an inquiry based on the file number alone may not produce accurate results. In addition, you must contact the court to ascertain whether there may be another will for the decedent on file with the court (e.g., filed for safekeeping).
- Initial Entering of Case Information: Any error in the initial entry of case information can significantly delay
the proceeding. Please double check to be sure to select the same county as is shown on your papers.
The case name must be entered as follows:- Estate/File Name and Party Information: Enter the decedent's name first as it appears in the will signature (where applicable), then as the death certificate recites, and finally with any known "AKAs". Complete the party name, role and address information for each petitioner as reflected in the proceeding.
- Additional Record Information: Estate Value - select the value range which reflects the gross value of the estate (as reflected in the petition). This is important for the payment of the proper filing fee, and it will also be later relied on for the inventory of assets filing.
- Documents: the filer should ensure that all documents are properly scanned into a PDF/A filing format before e-filing (i.e. page order, forward facing, clear image, etc.). The e-filed documents are the official record copy and scanned images must be of a quality and condition acceptable to the court.
- Request for Surrogate's Court Action: This Court requires the Request for Surrogate's Court Action (see NYSCEF Forms) as the first document uploaded with each filing. This is to be filed as a standalone document. Do not scan any other documents with the Request. For subsequent filings, do not re-use the original Request form. Prepare a new form for each filing with the appropriate information entered. If requesting court certified documents or Certificates of Appointment, use a Request for Surrogate's Court Action Non-Proceeding Relief (p.2 of the Request form). Do not submit a blank Request for Surrogate's Court Action form.
- Notice of Hard-Copy Submission: Where, within the e-filing rules, an attorney or an unrepresented litigant who is participating in e-filing submits a document in hard copy, the document must bear a Notice of Hard Copy Submission – E-Filed Proceeding (see NYSCEF Forms page). Attorneys who are exempt from e-filing are required to attach this form to all hard copy filings, while unrepresented litigants who are not participating in e-filing are not so required.
- Death Certificates: Certified death certificates must be submitted directly to the Surrogate's Court. It must also be e-filed. It must be filed within 3 to 5 business days from the e-filing date.
- Wills: Original wills must be submitted directly to the Surrogate's Court and a copy be e- filed. It must be filed within 3 to 5 business days from the efiling date. DO NOT REMOVE STAPLES. YOU MUST PHOTOCOPY THE WILL WITHOUT REMOVING THE STAPLES PRIOR TO SCANNING.
- Citations: Submit a proposed citation electronically through NYSCEF only. The Court will complete the citation and upload the completed version to NYSCEF as quickly as possible. If your proposed citation requires amendment, you will be notified. Otherwise, an e-mail notification will be sent when the completed citation is posted to NYSCEF. After receipt of the notification, print the citation and serve it, in accordance with the SCPA. Service of the Citation should be accompanied by a Notice of Commencement of Proceeding Subject to Mandatory Electronic Filing or a Notice Regarding Availability of Electronic Filing, as the case may be. (See NYSCEF Forms page).
- Decrees and Orders: E-file proposed Miscellaneous and Accounting decrees and orders through NYSCEF only. No
Decrees are needed for Probate or Administrations. Once the decree or order is signed, the court will upload the signed version to NYSCEF,
at which time the order is deemed filed and all counsel and parties will receive immediate notification by email. However, the notification
does not constitute service of notice of filing upon any party (Uniform Rule 207.4-a[h]).
NOTE: All court documents requiring a court seal, including Letters and Certificates of Appointment, as well as any e-filed requests for exemplifications and/or certified copies (with appropriate payment), will require a self-address stamped returned enveloped before any return of documents. - Stipulations: Stipulations submitted for purposes of being "so ordered" by the Court shall be electronically filed. If the court requires a working copy, the filer must attach proof that the stipulation has been e-filed (e.g., the thank you page or the email notification) to the back of the stipulation when it is submitted to the Court.
- Oversized Exhibits: If an exhibit or attachment is unsuited for electronic filing (e.g., a large map or a videotape), it shall be submitted to the court and served on the other parties in hard copy. Attach a Notice of Hard Copy Submission – E-Filed Proceeding. In addition, a Notice of Hard Copy Exhibit must be completed and electronically filed. See NYSCEF Forms page).
- Working Copies: The court requires submission of working copies of e-filed documents for any documents proceedings where it is over 25 pages in length. The filer must attach proof that the document has been e-filed (e.g., the thank you page or the e-mail notification) to the back of all working copies submitted to the court. Working copies must be exact hard copy duplicates of the e-filed documents. They do not become part of the official record and will be destroyed at the disposition of the case.
- Payment: This Court accepts payment of fees required by the SCPA by credit card payments made via NYSCEF (subject to a fee that will be charged for using a credit card) or by cash, check or money order directly at the Court within 3 to 5 business days from the e-filing date. Fees are calculated in accordance with SCPA §2402 based on the documents filed with NYSCEF and the representation of the filing user regarding the size of the estate. Review by the Court may result in a modification of the fees initially anticipated or charged in connection with this transaction. In the event of any such modification, the Court will contact the filing user by e-mail with the proper amount and request an additional fee, if applicable. This court will not allow the filing of additional documents by the filer if the filer owes an outstanding fee in that proceeding. If choosing to pay by credit card at time of filing on NYSCEF website, enter credit card information directly on website. You must insert the credit card information with each filing; your credit card will be charged at the time of filing. Make sure credit limit is large enough to cover anticipated filings. If choosing to pay at the Court, be aware that documents ARE NOT CONSIDERED "FILED" UNTIL PAYMENT IS RECEIVED. The Court cannot process the until payment is received in full and will delete the filing if payment is not made within a specified amountof time after e-filing. This must be paid within three 3 to 5 business days from efiling the documents.
- Notifications: Notification of defective filings will be sent out by e-mail or by telephone, depending on the circumstances. Clerks/staff
are available for consultation during regular business hours Monday through Friday 9am-4:30pm. The Court's contact information is as follows:
Greene County Surrogate's Court telephone number is (518)625-3150 and the e-mail address is: greenesurrogatecourt@nycourts.gov.
If you are having problems with e-filing, please contact the NYSCEF Resource Center at 646-386-3033 or nyscef@nycourts.gov.
General Correspondence: All general correspondence, adjournment requests, and conference requests shall be electronically filed, with an additional copy delivered to the Chief Clerk at: greenesurrogatecourt@nycourts.gov - Certificates and Letters: Upon request made via NYSCEF, the Court will mail out Certificates and Letters. Users must request and pay for certificates in advance in any e-filed proceeding, along with providing a SASE.
- Signatures: Documents requiring signatures shall be considered to be signed under the circumstances outlined in Uniform Rule §207.4-a(f). When e-filing a document bearing an actual signature, the e-filer is responsible for maintaining the original, executed document pursuant to Uniform Rule 207.4-a(f)(2).
- Sealed Documents, Sealed Cases; Documents Presented for in Camera Review
- Applying for a Sealing Order: A party who wishes to file a document under seal, a hard copy of the document must be
filed, along with the "Notice of Hard Copy Submission" with the Surrogate's Court. Unless the document is being filed ex parte, the filing party
shall serve all parties with hard copies of the document, along with the "Notice of Hard Copy Submission" form, in the traditional manner. (See
NYSCEF Forms page).
If the Court grants the sealing request, the Surrogate Clerk will then file the documents in the appropriate manner, as directed. If the application is denied, an order will be issued that directs the party to file the document electronically. - In Camera Documents: Documents submitted to the court for in camera review should be delivered to the court in a sealed envelope conspicuously marked "FOR IN CAMERA REVIEW BY THE COURT" with a Notice of Hard Copy Submission form attached.
- Applying for a Sealing Order: A party who wishes to file a document under seal, a hard copy of the document must be
filed, along with the "Notice of Hard Copy Submission" with the Surrogate's Court. Unless the document is being filed ex parte, the filing party
shall serve all parties with hard copies of the document, along with the "Notice of Hard Copy Submission" form, in the traditional manner. (See
NYSCEF Forms page).
All forms referred to in the Protocol are available on the NYSCEF Forms page.
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