Received a Citation from Brooklyn Surrogate's Court?

What Is a Citation?

A citation is a legal notice issued by Surrogate's Court. It is the court's way of officially telling you that a petition has been filed — such as a request for probate, administration, or guardianship — and that you have the right to appear and be heard before the court makes a decision.

Think of it as a formal invitation from the court, not an accusation. The court wants to make sure every person who might be affected by the proceeding has the chance to participate.

Why You Received a Citation

You received a citation because someone filed a petition in Kings County Surrogate's Court and you are an "interested party" — meaning the outcome of the proceeding could affect your legal rights. The most common reasons include:

• Probate: Someone filed a will for validation and you are an heir, beneficiary, or relative of the decedent.
• Administration: A relative died without a will and someone is applying to be appointed administrator of the estate.
• Accounting: The executor or administrator is filing a report of how estate funds were handled.
• Guardianship: Someone is petitioning to be appointed guardian of a minor or incapacitated person.
• Will contest: Someone is challenging the validity of a will.

Types of Surrogate's Court Citations

Standard Citation

The most common form. Issued by the court at the beginning of a proceeding to notify all interested parties. It includes the decedent's name, the file number, a brief description of the proceeding, and the return date by which you must respond.

Supplemental Citation

Issued when additional parties need to be notified after the original citation was already issued — for example, if a new heir is discovered or if re-service is needed due to a defect in the original service.

Order to Show Cause

An expedited form of citation used when there is urgency. The judge signs the order directly, and deadlines are typically shorter. Commonly used in disputes over estate property or when immediate court action is needed.

What to Do Next

If you received a citation from Brooklyn Surrogate's Court, here is exactly what to do:

1. Read the entire citation.Identify the decedent's name, the file number, what is being requested, and the return date.
2. Note the return date. This is your deadline. If you do not respond by this date, the court may proceed without you.
3. Decide whether to object or consent. If you have no objections, you can sign a waiver of citation and consent. If you have concerns, you can file objections or appear on the return date.
4. Consider consulting an attorney. If you do not understand the citation, are concerned about how it affects your rights, or want to file objections, an attorney can help.

Service of Process in Brooklyn

"Service" refers to how the citation was formally delivered to you. In Kings County Surrogate's Court, citations may be served in several ways:

• Personal service: Someone hands you the citation directly, in person. This is the most common and most reliable method.
• Certified mail: The citation is sent by certified mail with return receipt requested. You sign for it upon delivery.
• Substituted service: If personal service is not possible, the court may authorize delivery to another person at your residence or workplace, followed by a mailing.
• Alternative service: In rare cases, the court may authorize service by publication or other means if the person cannot be located.

The petitioner (the person who filed the petition) is responsible for serving the citation on all interested parties. Once service is complete, they must file an affidavit of service with the court as proof.

Deadlines & Return Dates

Every citation includes a "return date" — the deadline for you to respond or appear before the court. Typical deadlines are:

• Personal service: At least 10 days before the return date.
• Certified mail: At least 20 days before the return date.
• Publication: As ordered by the court, generally requiring multiple publications.

If you need more time, you can request an adjournment by contacting the court or the petitioner's attorney. Do not wait until the last minute — request the adjournment as early as possible.

Frequently Asked Questions