Family Court and Surrogate's Court in New York: How Cases Start, Who Must Be Notified, and What to Do When Someone Cannot Be Located

What Is Family Court in New York?

Family Court handles legal matters involving families and children. It is a court of limited jurisdiction, meaning it can only hear specific types of cases defined by law. Common Family Court matters include child support, custody and visitation, orders of protection, paternity, guardianship, juvenile delinquency, and persons in need of supervision.

Family Court is free to file. There are no filing fees for petitions in Family Court in New York.

Most Family Court cases start with a petition filed by the petitioner at the Family Court in the county where the child lives or where the petitioner or respondent lives. When the petition is filed, the clerk assigns a docket number and issues a summons. The summons tells the respondent when and where to appear in court.

Family Court matters are often handled differently than civil cases when it comes to legal representation. Respondents who cannot afford an attorney may be appointed one by the court depending on the type of case. Legal aid organizations also handle many Family Court matters. Petitioners may hire private attorneys if they choose, though it is not required for most petition types.

Official New York Family Court information:  NY CourtHelp Family Court 

Official Nassau County Family Court: Nassau Family Court 

Official Suffolk County Family Court: Suffolk Family Court 

Who Serves Papers in Family Court and What Happens When the Respondent Cannot Be Found?

Who Serves Papers in Family Court and What Happens When the Respondent Cannot Be Found?

Once a petition is filed in Family Court, the respondent must be served with a copy of the petition and summons before the court date. The petitioner is responsible for arranging service. You cannot serve the papers yourself — service must be carried out by someone who is not a party to the case and is at least 18 years old.

Here is how service works depending on the type of case:

For most Family Court petitions including custody, visitation, paternity, and guardianship, the petitioner arranges service through one of the following: a friend or relative over 18 who is not a party to the case, a licensed process server, or the Sheriff's office for a fee. Papers must be served at least 8 days before the court date and cannot be served on Sundays.

For child support cases in New York City, the Office of Child Support Services (OCSS) can serve the summons and petition on the respondent for free. However, OCSS still requires a valid address for the respondent in order to complete service. If the address you have is wrong or the respondent has moved, OCSS cannot serve the papers and you will need to locate a current address before service can be attempted.

For orders of protection in New York City, the NYC Sheriff's Office is the primary agency responsible for serving the order on the respondent. The NYPD may assist after hours or when the Sheriff is unavailable — you can go to the precinct where the respondent lives or works and make the request, though NYPD assistance is not guaranteed. Outside New York City, the local Sheriff's office serves orders of protection. In all cases, a temporary order of protection does not take effect until it has been served.

If you cannot serve the respondent before your court date, you must bring a written record of every attempt you made to locate and serve them, including dates, times, and locations. The judge may adjourn the case and ask you to keep trying, or may authorize alternate service. Before the court will authorize alternate service, you must demonstrate due diligence a documented, genuine effort to find the respondent.

Whether you are filing for child support, custody, an order of protection, or any other Family Court matter, you must have a current verified address for the respondent before service can be completed. If the respondent has moved or is deliberately evading service, you need to find their current location before your case can proceed.

Easton Secure Solutions conducts respondent locates and address verification for Family Court matters throughout New York City, Nassau County, and Suffolk County. If your case is stalled because a respondent cannot be found or served, contact us before your court date.

What Is Surrogate's Court in New York?

Surrogate's Court handles legal matters involving the estates of people who have died, as well as guardianship proceedings for minors. Common Surrogate's Court matters include probate of a will, administration of an estate when there is no will, small estate proceedings, and guardianship of a child's property.

Unlike Family Court and Small Claims Court, Surrogate's Court matters are complex and most petitioners are represented by an attorney. Attorney fees in estate matters are generally paid from the estate itself, subject to court review and approval. If you are dealing with a Surrogate's Court matter, consulting an attorney before filing is strongly recommended.

Surrogate's Court is located in each county in New York State. You file in the county where the deceased person was domiciled, meaning where they lived and considered their primary home at the time of death.

Two of the most common Surrogate's Court proceedings are:

1. Probate: filed when a person dies leaving a valid will. The executor named in the will files a probate petition asking the court to admit the will and authorize the executor to administer the estate. All beneficiaries named in the will and all legal heirs must be notified of the proceeding.
2. Administration: filed when a person dies without a will. A close relative files a petition asking the court to appoint an administrator to manage the estate. All distributees — meaning the people who would legally inherit, must be notified.

In both cases, notification is accomplished through a court document called a Citation. The Citation is issued by the court after the petition is filed and must be served on all interested parties before the proceeding can move forward.

Official New York City Surrogate's Court information: NYC Surrogate's Court Forms 

Official Nassau County Surrogate's Court:  Nassau Surrogate's Court 

Official Suffolk County Surrogate's Court: Suffolk Surrogate's Court 

 

Who Serves Citations in Surrogate's Court and What Happens When an Heir Cannot Be Found?

Once the court issues a Citation, the petitioner or their attorney is responsible for serving it on all interested parties. The court does not serve Citations on your behalf.

Here is how service works under New York law:

• For parties living in New York State, the Citation must be personally delivered at least 10 days before the return date listed on the Citation. Personal service is typically carried out by a licensed process server who delivers the Citation directly to the recipient and documents the service in a notarized Affidavit of Service.
• For parties living outside New York but within the United States, the Citation may be served by certified mail, return receipt requested.
• For parties living outside the United States, the Citation must be served at least 30 days before the return date.
• If a party's whereabouts are unknown, the court may authorize service by publication, meaning the Citation is published in a designated newspaper for a specified period. However, the court will not authorize publication until the petitioner demonstrates due diligence, meaning a documented, genuine effort to locate the person. This requirement is governed by Surrogate's Court Procedure Act Section 207.16.

This is where estate proceedings stall. If an heir, distributee, or beneficiary cannot be located, the proceeding cannot move forward until either that person is served or the court authorizes an alternative. Every unlocated party is a delay in settling the estate.

The most common reasons an heir or beneficiary cannot be served include an outdated last known address, a relative who moved out of state or out of the country years ago, estranged family members whose current whereabouts are unknown, and beneficiaries named in a will who predated current contact information.

Before the court will consider alternate service or publication, you must document every attempt you made to find the person. A licensed private investigator can conduct that search properly, produce documented findings, and provide you or your attorney with a verified current address, or confirmation that the person cannot be located through standard investigative means.

Easton Secure Solutions conducts heir locates, beneficiary locates, and address verification for Surrogate's Court matters throughout New York City, Nassau County, and Suffolk County. We work directly with estate attorneys and with self-represented petitioners. If your estate proceeding is stalled because an interested party cannot be located, contact us.

About This Guide

This guide was prepared by Easton Secure Solutions LLC, a private investigation agency licensed by the New York Department of State, Division of Licensing Services. We primarily serve clients throughout New York City, Nassau County, Suffolk County, and New York State. For court-related locate and skip tracing work, we also assist clients with matters extending beyond New York State when the investigation requires it.

This page is general information about Family Court and Surrogate's Court in New York. It is not legal advice. Court procedures change, local rules vary by county, and your individual case may have facts that affect what steps apply to you. If you have a specific legal question about your situation, consult a licensed New York attorney.