The Administrative Judge of the 5th Judicial District, the Surrogate of Onondaga County and the Chief Clerk
of the Onondaga County Surrogate's Court hereby promulgate local user protocols to assist users in the practice of the New York State Courts E-Filing
System (NYSCEF) implemented in the Onondaga County Surrogate's Court in accordance with the program established by the Chief Administrator of the
Courts pursuant to Uniform Rules 207.4a and 207.4aa, and to provide guidance with respect to local practice and procedures used to process filings
and fees.
Users should also review the NYSCEF website (www.nycourts.gov/efile).
This protocol does not supersede any statutory or regulatory provisions regarding electronic filing as those are controlling and take precedence.
Case Types Eligible for E-Filing
Onondaga County Surrogate's Court is in a mandatory E-Filing Program.
All Administrations, Probates and related matters thereto, including Small
Estate Proceedings and Lifetime Trusts, are required to be e-filed. Except in limited circumstances, all such proceedings must be commenced by
filing with the court electronically through the NYSCEF system.
Guardianship proceedings are exempt from e-filing.
All subsequent documents in
e-filed proceedings must also be e-filed, unless an exception is granted (i.e. hard copy submission accompanied by a Hard-Copy Submission form -
NYSCEF Form SC-11).
Hybrid Proceedings: Proceedings that were previously paper filed can now commence as an e-filed file through NYSCEF.
Exemptions: An attorney who certifies in good faith that they lack the equipment or knowledge needed to e-file and has no staff
person under their 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 Clerk (NYSCEF Form SCM-2). Attorneys may also be exempted by the Court for good cause shown. Per Uniform Rule 207.4-aa(e)(l), an unrepresented
litigant, proposed intervener or other non-party seeking relief from the Court is exempt from having to file and serve documents electronically.
Creating New Estate Records & Subsequent Filings
A search of the decedent's name should be conducted in the NYSCEF system before creating any new estate record. In addition, please contact the Court to ascertain where there may be another proceeding for decedent on file or a will filed for safekeeping. Be certain to enter all case information accurately and to file in the proper county!! This will prevent a delay in the processing and review of your filing.
Estate/File Name and Party Information
The decedent's name should be entered first as it appears on the will's signature page (where applicable), followed by the name on the death certificate and then any other A/K/As. The Party Name, Role and Address information must be added for each petitioner (consented party) as reflected in the petition.
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 (view NYSCEF Forms). 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.
Additional Record Information
Estate Value: Select the proper proceeding type. Once that is determined, select the value range which reflects the gross value
of the estate (as stated in the petition). This is important for the payment of the proper filing fee and will also be relied upon later for the
Inventory of Assets filing.
Documents: The filer should ensure that all documents are properly scanned before e-filing (i.e.: page order, forward facing,
clear image, etc.). The e-filed documents are the official record and, if the image is found to be unacceptable to the Court, it will be required
that the document be resubmitted.
Wills: A copy of the will should be scanned and uploaded; however, the original will should never have the staples removed. The
original paper will should be submitted to the court. The court will not review any e-filing proceedings until the original will is received by
the court. This also pertains to any copy of the will being offered for probate and the original cannot be located.
Ancillary proceedings: The court requires original exemplified copies with the raised seal to be filed with the court and a copy
e-filed.
Death Certificates: The certified copy of the original death certificate should be e-filed. No hard copy submission of the death
certificate is required except when filing for voluntary administrations. The Court will accept the image as evidence of death pursuant to 22 NYCRR
207.15.
Citations: Proposed citations should be submitted electronically. The court will assign the date and upload the citation to NYSCEF as
quickly as possible. An email notification will be sent when the citation is uploaded to NYSCEF. It is the filers responsibility to print the
citation and serve it in accordance with SCPA 307.
Orders & Decrees: Proposed orders and decrees (when necessary) should be submitted electronically. Once the order or decree is granted,
the court will upload the signed order/decree to NYSCEF.
Stipulations: Stipulations submitted for purposes of being "so ordered" by the Court shall be electronically filed.
Note: All court documents requiring a court seal, including Letters and Certificates of Appointment, will be sent out in hard copy as well
as any e-filed requests for exemplifications and/or certified copies (with appropriate payment).
Correspondence: All general correspondence, adjournment requests and conference requests should be electronically filed. Do not send a hard
copy of any correspondence that has been electronically filed.
Sealed Cases/Documents: Applying for a Sealing Order - a party who wishes to file a document under seal must file a hard copy of the document
along with the NYSCEF Notice of Hard Copy Submission (form SC-11). Unless the document is being filed exparte, the filing party shall serve all parties
with hard copies of the document, along with the notice form, in the traditional manner.
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, and the documents will be entered in the public record and uploaded to NYSCEF.
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.
Additional Notes on Document Filing
- Signatures - Documents requiring a signature shall be considered signed by the person 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).
- Hard Copy Filings - 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 form (SC-11). 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.
- Oversized Exhibits - if an exhibit or attachment is unsuitable for electronic filing (i.e. large map or CD), it should be submitted to the Court in hard copy with the Notice of Hard copy Submission form (SC-11).
- Working Copies - The court requires working copies of all documents that are longer than 30 pages in length. 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 by chambers at the disposition of the case.
Payment of Fees
Required fees in e-filed cases may be paid either at Court (in person or by mail) or via credit card (Visa, MC, Am Ex) directly through the NYSCEF system.
If paying by Credit Card through NYSCEF: (1) fees are calculated in accordance with SCPA 2402; (2) your credit card with be charged at the time of the filing; (3) there
will be a 2.99% credit card transaction fee on all electronic payments; (4) credit card information is not retained by the Court and must be entered with each filing where
a fee is owed.
The "PAY AT COURT" option should not be used for subsequent requests for certificates, certification or exemplifications as the Court cannot process these requests
without receipt of payment.
NOTE: Review of a filing by the Court may result in a modification of the fees initially anticipated or charged in connection with the transaction.
In the event of any such modification, the Court will contact the e-filer as to the proper amount needed and request an additional fee. The NYSCEF system will not allow
the filing of additional documents by the filer if there is an outstanding fee requested. Additional Payment can be made via the NYSCEF system by going to the Main Menu
and selecting Submit Additional Payment. There are no user fees for filing via the NYSCEF.
Notifications: Notification of defective filings will be sent out by e-mail. Clerks/staff are available for consultation during regular business hours.
Onondaga County Surrogate's Court 315-671-2100