BILL NUMBER: S8175
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the surrogate's court procedure act, in relation to
allowing certain methods for service of process
2.  
SOURCE OF BILL
This bill is being introduced at the request of the Unified Court
System, on the recommendation of the Chief Administrative Judge's Surro-
gate's Court Advisory Committee.
3.  
PURPOSE OF BILL
This bill would simplify and modernize service of process requirements
for Surrogate's Court proceedings.
4.  
SUMMARY OF PROVISIONS
Section 1 of this bill amends SCPA § 307 to allow service of process
upon New York State residents by registered or certified mail without
the necessity of obtaining a court order, and to allow the court to
order service of process by electronic means.
Section 2 of this bill amends SCPA § 308 to update the time within which
process must be served, allowing for 10 days where service is made by
personal delivery, 20 days where service is made by other than personal
delivery within the United States, and 30 days in all other cases and
where the Office of the Attorney General is a party.
Section 3 of this bill amends SCPA § 309 to update the provisions for
when service of process may be deemed complete.
Section 4 of this bill provides the effective date, which is immediate.
5.  
JUSTIFICATION
This bill would amend sections 307, 308 and 309 of the Surrogate's Court
Procedure Act (SCPA) in relation to service of process in Surrogate's
Court proceedings. Currently, those sections require personal delivery
of process on all New York State residents to commence a proceeding. But
the experiences of courts, legal practitioners, and self-represented
litigants have demonstrated that alternative means of process are just
as effective as, and at times superior to, service by personal delivery.
Additionally, the removal of the need to obtain a court order to permit
such alternate service increased the efficiency of the courts and
enabled most self-represented parties an easier and cost-effective means
of obtaining jurisdiction over necesary, parties. Accordingly, this
measure is proposed to simplify and modernize service requirements.
During the pandemic, the courts, practitioners and self-represented
litigants had to find ways to operate in an environment where personal
delivery of citations and other documents was impossible. Consequently,
other means of service of process had to be permitted in order for the
courts to function, which allowed these new modes of service to be test-
ed.
SCPA § 307 has long prohibited service of process upon New York resi-
dents by means other than personal delivery without a court order.
However, during the pandemic and for a period thereafter most Surro-
gate's Courts permitted service upon New York domiciliaries by special
mail service (Federal Express, UPS, etc.). There was no increase in
demands for traverse hearings due to lack of proper service, nor was
there an increase in applications to vacate defaults due to allegations
of lack of service.
Additionally, some Surrogate's Courts utilized their discretion and
permitted service upon respondents by e-mail pursuant to SCPA § 307(3).
However, the statute does not explicitly permit the use of such service.
Given that law firms and most of society communicate electronically, and
electronic filing is now mandatory in most courts, such a statutorily
endorsed option is long overdue. Thus, the proposal contains a specific
provision permitting service by electronic means with a court order.
Finally, because the New York State Attorney General may be served by
mail at any office, the bill provides, at the Attorney General's
request, that this office be provided 30 days' notice of a proceeding is
unless otherwise modified by court order.
This legislation is supported by the Surrogate's Court Judges Associ-
ation and the Surrogate's Court Chief Clerk Association and has been
endorsed by the Trusts and Estate Section of the New York State and New
York City Bar Associations.
6.  
PRIOR LEGISLATIVE HISTORY
This bill was introduced and passed the Senate in 2024 (S.9783).
7.  
FISCAL IMPLICATIONS
None.
8.  
EFFECTIVE DATE
This bill would take effect immediately.