What's happening
This bill imposes a $45 fee for all motions and ex parte applications made in New York surrogate's court.
Why it matters
Increases the cost of accessing the Surrogate's Court. By instituting a $45 fee for every motion or ex parte application, the bill could make it more expensive for individuals—especially those with limited means—to resolve estate matters or challenge proceedings in Surrogate's Court.
May reduce frivolous or unnecessary filings. The new fee could discourage parties from filing motions or applications that are not essential, potentially streamlining court operations and reducing caseloads.
Could generate additional revenue for the court system. The fee would provide a new source of funding, which might be used to support court services or address budget shortfalls, but it also shifts some financial burden to court users.
Impacts both contested and uncontested estate cases. Since the fee applies broadly to all motions and ex parte applications, it affects everyone involved in Surrogate's Court proceedings, including heirs, beneficiaries, executors, and administrators—potentially altering how disputes and routine matters are handled.
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Who cares
Headline styles
Charge $45 Court Motion Fee
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4950
2019-2020 Regular Sessions
IN SENATE
April 2, 2019
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the surrogate's court procedure act, in relation to charging a fee for any motions made in the surrogate's court
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 2401 of the surrogate's court procedure act is amended to read as follows:
4. Unless specifically indicated [no] a fee in an amount equal to forty-five dollars is chargeable for all motions made in a pending proceeding [or] and for ex parte applications.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10016-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the surrogate's court procedure act, in relation to charging a fee for any motions made in the surrogate's court
Purpose or general idea of bill
This bill would institute a forty-five dollar fee chargeable for all motions made in a pending proceeding and for ex parte applications.
Summary of provisions
Section 1: Amends Subdivision 4 of the section 2401 of the Surrogate's Court Act to institute a forty-five dollar dollars chargeable for all motions made in a pending proceeding and for ex parte applications.
Section 2: The effective date of this bill.
Justification
Currently there exists no requirement in the law that a specified manda- tory fee be charged to filers for a motion application in the surro- gate's court consisting of an order to show cause or a motion. However, virtually every other court in this state, such as supreme court and civil court, do have such a requirement in the law. This bill would bring this particular fee practice of the surrogate's court in line with the practices of other courts in this state, as well as generate addi- tional much-needed revenue for the courts.
Prior legislative history
New Bill
Fiscal implications for state and local governments
Significantly increased revenue for the surrogate's court through the mandatory implementation of this forty-five dollar fee.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.