Support for Proposal to Amend 22 NYCRR §207.4‑a and §207.4‑aa

SUMMARY

The Trusts, Estates & Surrogate’s Court Committee (Brian Corrigan, Chair) and the Estate & Gift Taxation Committee (Sharon L. Klein, Chair) issued a letter to the NYS Office of Court Administration to amend the Uniform Rules for Surrogate’s Court, 22 NYCRR §207.4-a and §207.4-aa.

The Committees find that the Proposal establishes clear and uniform procedures for the commencement of actions in Surrogate’s Court whether in consensual or mandatory e-filing cases. The Proposal requires the party seeking to obtain jurisdiction to give the Clerk written notice that mail attempting to effect service of process has been returned as “undeliverable” within three business days of receipt of such notice.  The Proposal also provides for a system to be implemented in every Surrogate’s Court for the receipt and processing of such notice.   

The Committees find that the Proposal will require petitioners to report incomplete service of process to the Court, relieve clerks of the burden of confirming effective service by mail, enable the Court to obtain jurisdiction over all necessary parties, and preserve the sanctity of the Court’s decrees. To promote compliance, members of the Committees suggest that five business days would be more reasonable than the proposed three business days, and that this requirement should continue beyond the issuance of a decree.

REPORT

By Email
David Nocenti, Esq.
NYS Office of Court Administration
25 Beaver Street, 10th Floor
New York, NY 10004
rulecomments@nycourts.gov

Re: Proposal to Amend 22 NYCRR §207.4-a and §207.4-aa

Dear Mr. Nocenti:

The New York City Bar Association’s (the “City Bar”) Trusts, Estates & Surrogate’s Courts Committee and the Estate & Gift Taxation Committee (the “Committees”) have reviewed and discussed the Surrogate’s Court Advisory Committee’s proposal to amend the Uniform Rules for Surrogate’s Court, 22 NYCRR §§ 207.4-a and 207.4-aa (the “Proposal”).

The Proposal expressly addresses an issue the Committee previously raised in the City Bar’s Report^[1] supporting the legislation that amended Sections 307, 308, and 309 of the Surrogate’s Court Procedure Act (the “SCPA”) (L 2025, ch 563).  To the extent that the amended SCPA 307 allows service of process on persons within and without the state by registered or certified mail (requiring no return receipt), or special mail service, the Committees called for written guidance addressing situations where mail used to effect service of process is returned as “undeliverable.”

The Committees find that the Proposal establishes clear and uniform procedures for such situations.  For the commencement of actions in Surrogate’s Court – whether in consensual or mandatory e-filing cases – the Proposal requires the party seeking to obtain jurisdiction to give the Clerk written notice that mail attempting to effect service of process has been returned as “undeliverable” within three business days of receipt of such notice.  The Proposal provides for a system to be implemented in every Surrogate’s Court for the receipt and processing of such notice.

In the Committees view, the Proposal will require petitioners to report incomplete service of process to the Court, relieve clerks of the burden of confirming effective service by mail, enable the Court to obtain jurisdiction over all necessary parties, and preserve the sanctity of the Court’s decrees.  To promote compliance, members of the Committees suggest that five business days would be more reasonable than the proposed three business days, and that this requirement should continue beyond the issuance of a decree.

Thank you for considering our comments. Should you find it helpful, we would be glad to discuss the Proposal with you further.

Respectfully,

Brian P. Corrigan, Chair
Trusts, Estates & Surrogate’s Courts Committee

Sharon L. Klein, Chair
Estate & Gift Taxation Committee

June 2026