How to Fill Out and File the Request for Surrogate’s Court Action (SC-2)

The Request for Surrogate’s Court Action is a one-page intake form that New York Surrogate’s Courts require as the first document in any filing package. It tells the clerk what proceeding or relief you’re asking for, identifies the estate or matter, records who is filing, and shows how the fee is being paid. Without it, your papers have no standardized route through the clerk’s office and will be sent back.

You can download the fillable PDF free from the NYSCEF forms page at iappscontent.courts.state.ny.us/NYSCEF/live/forms/request.for.action.pdf. The same form is used in every county. Under Uniform Rule 207.4, the official Surrogate’s Court forms are accepted for filing in every county, and no local court can require a different version.¹ If you recreate the form on a word processor instead of using the PDF, you must certify at the end that the text is identical to the official form and nothing substantive has been changed.

Filling In the Identification and Payment Fields

The form splits into two halves. The top half carries the case information and a checklist of proceedings; the bottom half lists non-proceeding requests. Most filers use only one half.

Start at the top. If the court has already assigned a file number to the estate or trust, enter it so the clerk can link your new paper to the existing record. First-time filings leave the file number blank; the clerk assigns one. “Name of Matter” is the case caption, usually the decedent’s estate (for example, “Estate of Jane Smith, Deceased”).²

Enter your name in the “Filed by” field. This is whoever is submitting the paperwork, whether that’s you personally, an attorney, or another authorized party. Pick a preferred method of contact and return: telephone, email, self-addressed stamped envelope, or pick-up at the courthouse. If an attorney is representing you, enter the attorney’s name, address, phone, and email in the designated fields. These go into the court record for all future correspondence.

Near the bottom, record your payment. For in-person filings, check “check” or “cash” and write the total. Then break the amount down by filing fee, certified copies, and any other charges. E-filers check the “E-Filing” box and note the amount; NYSCEF handles card payment separately during upload.²

Two lines at the bottom ask for the decedent’s most recent address and any prior address. These help the court confirm domicile and jurisdiction. If the decedent moved recently, fill in both; otherwise, only the most recent line.

Choosing the Type of Proceeding

The checklist is the heart of the form. Check the one box that matches your filing. If none fits, use “Other” and write a short description. The main options:

Administration, when someone dies without a valid will and you’re asking the court to appoint an administrator. Sub-boxes cover temporary letters, whether a citation is required, and objections to administration.
Probate, when you’re submitting a will for validation. Sub-boxes cover preliminary letters testamentary, citation, and objections.
Voluntary Administration, for small estates eligible for simplified settlement under Article 13 of the Surrogate’s Court Procedure Act. This route applies when the decedent’s personal property (excluding joint accounts, trust accounts, payable-on-death bonds, and exempt property) does not exceed $20,000. A sub-field lets you request a specific number of short-form certificates.³
Accounting Proceeding, when a fiduciary needs to formally report financial activity. Separate boxes cover estate accountings, testamentary trusts, and inter vivos (lifetime) trusts, each with a citation option.
Construction Proceeding, when the meaning of a will or trust provision is disputed and you need the court to interpret it.
Advice and Direction, when a fiduciary faces an unusual situation and needs the court’s guidance before acting.

Additional boxes cover appointment of a successor fiduciary, compelling an accounting, continuing a business, opening a safe deposit box, discovery proceedings, determining a surviving spouse’s right of election, a fiduciary’s application to resign, and compelling production of a will.² Each triggers different internal handling, so the right box matters for how fast the filing moves.

Non-Proceeding Relief

The lower half covers routine administrative requests the clerk can handle without a full petition. For these, the form itself usually functions as both the intake document and the request.² The options include:

Reissue of short forms. If you need replacement letters testamentary, letters of administration, or letters of trusteeship, check the right box and write how many copies. Banks and title companies regularly ask for fresh copies, so this is one of the most common uses of the form outside of new proceedings.
Search of safekeeping for a will on file, for wills deposited with the court during a lifetime.
Certificates, certification, and exemplification. Request certified copies of court documents or exemplified copies (certified copies with an added court seal, often needed outside New York). Describe the specific documents.
Disclaimer and renunciation, when a beneficiary or fiduciary wants to formally decline their inheritance or appointment.
Right of election, filed by a surviving spouse exercising the right to an elective share.
Inventory of assets, informal closing, and releases, which cover later-stage estate administration tasks.

Filing Fees

Filing fees for most Surrogate’s Court proceedings are set by SCPA 2402 and scale with the value of the estate or subject matter:

Under $10,000: $45
$10,000 to under $20,000: $75
$20,000 to under $50,000: $215
$50,000 to under $100,000: $280
$100,000 to under $250,000: $420
$250,000 to under $500,000: $625
$500,000 and over: $1,250

⁴

These variable fees apply to probate, administration, accountings, and construction proceedings. Non-proceeding requests like reissuing short-form certificates or filing a disclaimer carry separate flat fees, which the clerk’s office can confirm. Certified or exemplified copies are added on top of any proceeding fee.

Filing the Form

You can file electronically through NYSCEF or in person at the courthouse. More than 50 Surrogate’s Courts participate in NYSCEF.⁵ E-filing rules vary by county. In Bronx County, for instance, e-filing is limited to probate, administration, and small estate proceedings; accounting proceedings, guardianships, wrongful death compromises, miscellaneous proceedings, and lifetime trust matters must be filed on paper.⁶ Check the NYSCEF protocols page for your county before assuming e-filing is open to your proceeding type.

Through NYSCEF

Upload the Request for Surrogate’s Court Action as the first document, and upload it as a standalone file. Do not scan it together with your petition.⁶ Then upload the petition and supporting documents as separate files. NYSCEF accepts credit or debit cards bearing a Visa, Mastercard, or American Express logo.⁷ Documents are deemed filed only when transmission is complete and the court receives payment; both conditions must be met.⁸ NYSCEF sends a confirmation email with the filing date and time once everything goes through.

A successful upload is not acceptance. The confirmation email proves you transmitted the documents, but the court can still review them and direct you to resubmit if it finds defects or omissions.⁸ If that happens, you’ll get notice through NYSCEF explaining what needs to be corrected.

In Person or by Mail

Bring the completed form and all accompanying documents to the clerk’s window at the Surrogate’s Court in the county where the decedent was domiciled at death. Pay by check or money order made payable to the Surrogate’s Court of that county. The clerk reviews the papers, collects the fee, and gives you a timestamped copy as your receipt. If you’re mailing the filing, send it by certified mail so you have proof of the submission date, and include a self-addressed stamped envelope if you want a stamped copy returned.

Formatting, Redaction, and What Goes With It

Every document filed alongside the form must meet Uniform Rule 207.4: standard 8½-by-11-inch paper, legible text in a standard typeface between 10 and 12 points, and margins of at least half an inch.¹ The case caption on every paper should carry the title of the proceeding, the county, and a short description of the document. Once a file number is assigned, it must appear on the outside cover and first page of every later filing.

Before uploading, check your attachments for personal information that needs to be trimmed. New York court rules require Social Security numbers reduced to the last four digits, dates of birth reduced to just the year, children’s names replaced with initials, and financial account numbers shortened to the last four digits.⁹ The Request for Surrogate’s Court Action itself usually won’t contain this data, but the petitions, affidavits, and financial documents behind it often do. NYSCEF asks you to check a box confirming whether your documents contain confidential personal information that has been redacted.

The form is a cover sheet, never the whole filing. The substance sits in the petition and its supporting papers, and what those are depends on the proceeding type. A voluntary administration under Article 13, for example, typically needs the Affidavit in Relation to Settlement of Estate (form SE-3A), a certified death certificate, the original will if one exists, and the Report and Account in Settlement of Estate (form SE-1D). Depending on the facts, you may also need renunciations from people with higher priority to serve, an obituary, a family tree chart, a copy of the funeral bill, or an affidavit establishing sole heirship.¹⁰ Probate and full administration have their own checklists with different required forms. The court system publishes a separate checklist for each proceeding type on the Surrogate’s Court forms page at nycourts.gov. Pick up the right one before you start assembling your package, and don’t file the checklist itself; it’s for your reference only.¹¹

1
New York Courts. Uniform Rules for the Surrogate’s Court – Section 207.4
2
New York State Unified Court System. Request for Surrogate’s Court Action Form
3
New York State Senate. Surrogate’s Court Procedure Act Article 13
4
New York State Unified Court System. Surrogate’s Court Fee Schedule
5
New York State Unified Court System. NYSCEF Protocols
6
New York State Unified Court System. Bronx Surrogate’s Court E-Filing Protocols
7
New York State Unified Court System. NYSCEF FAQs
8
New York Courts. Uniform Rules for the Surrogate’s Court – Section 207.4-a
9
New York State Unified Court System. Redacted Documents
10
New York State Unified Court System. Voluntary Administration Checklist
11
New York State Unified Court System. Administration Proceeding Checklist