Does the Surrogate’s Court Have Jurisdiction Over Lifetime Trusts after the Grantor’s Death?

A decedent may create a trust during his or her lifetime.  What happens after the decedent dies?  Does the Surrogate’s Court have jurisdiction to compel a trustee to account to a beneficiary or determine other matters relating to the trust?   

      SCPA § 207 provides two separate grounds upon which the Surrogate’s Court may exercise jurisdiction over lifetime trusts after the grantor’s death.  Under SCPA § 207, the Surrogate’s Court “has jurisdiction over the estate of any lifetime trust which has assets in the state … or of which a trustee then acting resides in the state or, if other than a natural person, has its principal office in the state.” 

      It is therefore important to determine whether trust assets exist in New York and whether the trustee resides in New York.  If either one of these two grounds exist, SCPA § 207 provides the Surrogate’s Court with jurisdiction to entertain the proceeding.  See SCPA § 207(1); see e.g. Matter of Srozenski v Porcelli, 78 AD3d 1596 (4th Dept 2010); Matter of Jensen, 39 AD3d 1136 (3d Dept 2007).


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