Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
In New York, initiating probate requires filing a petition under SCPA 1401. Once you submit the petition, the Surrogate’s Court must set a hearing date under SCPA 1411. If no hearing appears on the court calendar within a reasonable time, follow these steps to request and schedule a probate hearing:
1. Verify Your Petition is Properly Filed
• Confirm the court received your petition, will, death certificate, and required filing fee.
• Check the court docket online or contact the clerk’s office for your index number.
2. Contact the Surrogate’s Court Clerk
• Call or visit the clerk’s office with your index number.
• Ask whether a hearing date is on the calendar or if you must supply additional documents (for example, waivers under SCPA 1405).
3. File a Motion or Order to Show Cause Under SCPA 104
If the court still has not set a date, prepare an Order to Show Cause or a motion to compel setting a hearing under SCPA 104. Your papers should include:
- An affidavit stating the petition’s filing date and your attempts to get a hearing scheduled.
- A proposed Order directing the court to fix a hearing date.
4. Serve All Interested Parties
• Serve the Order to Show Cause, petition, and all supporting documents on beneficiaries and next-of-kin, following the requirements of SCPA 1404.
• File proof of service with the court.
After service, the court will schedule your probate hearing and notify you and all parties.
Helpful Hints
- Confirm current filing fees on the New York State Unified Court System website.
- Gather all required documents—will, death certificate, waivers, and mailing receipts—before approaching the clerk.
- Use certified mail or courier service for proof of service.
- Attend the court’s calendar calls; scheduled hearings can shift.
- If you face delays or complex estate issues, consider consulting a probate attorney.