When an individual passes away, one of the primary responsibilities of the executor or trustee is to gather the assets of the estate or trust. However, there are times when certain assets may be missing or in the possession of another person. For executors and trustees in Brooklyn, navigating the legal landscape to recover these assets can be daunting. While a traditional civil lawsuit in the New York Supreme Court may seem like a straightforward option, pursuing a turnover proceeding in Surrogate’s Court is often a better, more efficient alternative.
In this blog, we’ll explore why Surrogate’s Court turnover proceedings offer several advantages over civil litigation, particularly for those looking to recover missing items from a decedent’s estate located in Kings County (Brooklyn).
What Is a Turnover Proceeding in Surrogate’s Court?
A turnover proceeding is a specific legal action available in New York’s Surrogate’s Court, which is the court that handles matters relating to a deceased person’s estate. The turnover proceeding allows an executor (who manages an estate) or trustee (who manages a trust) to recover property that is part of the estate but is being withheld by another party. This may include financial assets, personal property, or real estate that someone else holds, either wrongfully or due to misunderstanding.
Under New York Surrogate’s Court Procedure Act (SCPA) Section 2103, executors and trustees can bring a turnover proceeding to reclaim estate assets believed to be in the possession of someone else. The court will then determine if the person holding the assets must return them to the estate.
Why Turnover Proceedings Are a Better Option in Brooklyn
Given the complexities of estate administration in Brooklyn, pursuing a turnover proceeding in Kings County Surrogate’s Court often provides several key advantages over initiating a civil lawsuit in the New York Supreme Court:
1. Specialized Court with Expertise in Estate Matters
The Surrogate’s Court is designed to handle all aspects of estate administration, and its judges and personnel are experts in estate law. In contrast, the Supreme Court is a general civil court that handles a wide range of disputes, from contract issues to personal injury cases.
By filing a turnover proceeding in Surrogate’s Court, executors and trustees benefit from the court’s specialized knowledge of estate matters, ensuring that the judge is familiar with the unique legal issues involved in estate asset recovery.
In particular, Surrogate’s Court is well-versed in handling disputes about:
- Ownership of estate property
- Transfers or gifts made before death
- Issues of co-ownership or claims by other family members
This familiarity can lead to a quicker and more accurate resolution compared to the slower, less-focused process in Supreme Court.
2. Streamlined Process
Surrogate’s Court is more efficient than Supreme Court when it comes to estate-related disputes. Turnover proceedings are integrated into the estate administration process, allowing for more seamless litigation that ties directly into the probate or trust administration.
Supreme Court civil litigation, on the other hand, tends to be slower and more cumbersome, as the court has broader jurisdiction and handles many types of civil matters. This can result in longer waiting times for hearings, motions, and a final resolution.
In a turnover proceeding, the court can resolve asset disputes as part of the ongoing estate administration process, which helps keep everything centralized in one court system. This streamlining benefits executors and trustees, saving time and reducing the risk of prolonged litigation.
3. Reduced Costs
Civil litigation in the Supreme Court can be expensive, particularly given the extensive procedures involved, such as discovery, depositions, and motion practice. These costs can quickly add up and diminish the value of the estate or trust.
In contrast, turnover proceedings are typically less expensive and more direct. The streamlined process in Surrogate’s Court often involves fewer procedural hurdles, which helps minimize legal fees and other litigation costs. Additionally, since Surrogate’s Court is focused on estate administration, much of the groundwork for turnover proceedings—such as identifying assets and beneficiaries—may already be in place, further reducing costs.
4. Faster Resolution of Estate Asset Issues
Time is of the essence when administering an estate, especially if the executor or trustee needs access to assets to pay debts, taxes, or distribute property to beneficiaries. A prolonged civil litigation process in the Supreme Court can delay these critical steps.
Because Surrogate’s Court turnover proceedings are specifically designed for estate matters, they are often resolved more quickly. This allows executors and trustees to recover estate property faster and move forward with the rest of the estate administration process without unnecessary delays.
5. Jurisdictional Efficiency
A key advantage of turnover proceedings is that they fall within the jurisdiction of Surrogate’s Court, which already has authority over the administration of the estate or trust. Keeping all legal matters related to the estate within one court system eliminates the need for multiple actions in different courts, reducing complexity and ensuring that any decisions made are consistent.
For example, if an executor is already managing probate in Surrogate’s Court, they can easily file a turnover proceeding without needing to start a separate action in Supreme Court. This not only saves time and effort but also ensures that the entire estate administration remains under the supervision of one court.
6. Flexibility and Equity in Decision-Making
Surrogate’s Court has the ability to apply equitable principles when resolving disputes over estate property. This means that the court has greater flexibility to make decisions based on fairness and the specific circumstances of the case, even if the strict legal rules might otherwise suggest a different outcome.
In contrast, Supreme Court litigation is often more rigid and formal, focusing heavily on the application of civil procedure and contract law. This difference in approach can be critical when dealing with complex family dynamics, unclear ownership of property, or situations where one party claims the property was gifted or loaned to them by the decedent before their death.
How a Turnover Proceeding Works
The process of initiating a turnover proceeding in Surrogate’s Court involves several steps:
1. Filing the Petition:
The executor or trustee files a petition in Kings County Surrogate’s Court, requesting that the court compel the person holding the property to return it to the estate or trust.
2. Investigation:
The court may order an investigation into the circumstances of the asset, including how the third party came into possession of the property and whether it was lawfully transferred before the decedent’s death.
3. Court Hearing:
A hearing is held where the executor or trustee presents evidence that the property belongs to the estate or trust. The person in possession of the asset can also present evidence to support their claim.
4. Court Ruling:
Based on the evidence, the court will make a determination about who is entitled to the property. If the court finds that the property belongs to the estate, it will issue an order requiring the third party to turn over the property to the executor or trustee.
The Advantages of Surrogate’s Court Turnover Proceedings
For executors and trustees in Brooklyn, Surrogate’s Court turnover proceedings provide a more efficient, cost-effective, and specialized way to recover missing estate assets than pursuing a civil lawsuit in Supreme Court. With its streamlined procedures, expert judges, and focus on estate matters, Surrogate’s Court is uniquely positioned to handle the complexities of asset recovery in the context of probate and trust administration.
If you’re an executor or trustee dealing with missing property from an estate, call us to discuss the option of a turnover proceeding in Kings County Surrogate’s Court to ensure a faster, more efficient resolution to your case. Working with us will help you navigate the process and protect the assets of the estate for the benefit of the rightful heirs and beneficiaries.
