Provides for the establishment of a forty-five dollar fee for all motions made in pending proceedings and for ex parte applications in the surrogate's court.
Summary
This bill amends the Surrogate’s Court Procedure Act to authorize a $45 fee for motions made in a pending proceeding and for ex parte applications in Surrogate’s Court. Under current law, the bill changes the default rule from no fee being chargeable unless specifically indicated to a general fee requirement for these filings. The measure applies to motions and ex parte applications in surrogate matters, which typically involve probate, estates, and related court proceedings.
The bill would directly affect litigants, attorneys, and estates that use Surrogate’s Court by adding a filing cost to motion practice and ex parte requests. It would also alter court administration by establishing a uniform fee amount in statute. The act takes effect immediately, so the fee would become operative upon enactment without a delayed implementation period.
Impact
The bill would amend section 2401 of the Surrogate’s Court Procedure Act to impose a statutory $45 fee on motions in pending surrogate proceedings and on ex parte applications. This changes state law by replacing the prior no-fee default for these filings with an express fee requirement, affecting probate and estate-related court practice statewide. Parties filing motions or emergency/one-sided applications in Surrogate’s Court would bear the added cost, and court clerks would be authorized to collect the fee as part of filing practice.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes, the available record does not show a documented controversy or support/opposition split. The measure appears administrative and revenue-related rather than policy-driven, suggesting a neutral to procedural posture. Because there are no transcripts or votes provided, no clear sentiment can be inferred beyond the bill’s straightforward fee-setting purpose.
Contention
No specific points of contention are documented in the provided materials. Potential areas of concern, if raised, would likely involve whether a new $45 fee could burden estates, beneficiaries, or self-represented litigants, and whether the fee might discourage necessary motion practice in probate matters. However, no committee remarks, amendments, or votes are available here to identify actual opponents or supporters.
Same As
Provides for the establishment of a forty-five dollar fee for all motions made in pending proceedings and for ex parte applications in the surrogate's court.
Provides for the establishment of a forty-five dollar fee for all motions made in pending proceedings and for ex parte applications in the surrogate's court.
Provides for the establishment of a forty-five dollar fee for all motions made in pending proceedings and for ex parte applications in the surrogate's court.
Provides that a surrogate court clerk or chief clerk shall refuse to accept for filing papers filed in a proceeding only under certain circumstances or as designated in statute, administrative rule or order of the court; provides such reasons; requires the payment of any applicable statutory fees, or an order of the court waiving payment of such fees, before accepting a paper for filing; makes related provisions.
Provides that a surrogate court clerk or chief clerk shall refuse to accept for filing papers filed in a proceeding only under certain circumstances or as designated in statute, administrative rule or order of the court; provides such reasons; requires the payment of any applicable statutory fees, or an order of the court waiving payment of such fees, before accepting a paper for filing; makes related provisions.
Increases the time certain parties have to submit a notice of intent to be a party to the certification proceedings for the siting of major utility transmission facilities from thirty days to forty-five days.
Increases the amount of the credit against taxes for long-term care insurance from twenty to forty percent and from one thousand five hundred dollars to two thousand five hundred dollars.
Increases the time certain parties have to submit a notice of intent to be a party to the certification proceedings for the siting of major utility transmission facilities from thirty days to forty-five days.
Expands the civil jurisdiction of county courts to matters of up to fifty thousand dollars and district courts to matters of up to thirty-five thousand dollars.