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Bill

S 5081

Provides for the establishment of a forty-five dollar fee for all motions made in pending proceedings and for ex parte applications in the surrogate's court

2025 Regular Session Introduced by Leroy Comrie and 1 co-sponsor

Imposes a $45 filing fee on all motions and ex parte applications in the surrogate's court, affecting probate/estate matters and guardianships, with potential access-to-justice impact.

REFERRED TO JUDICIARY
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WeVote Research Nonpartisan
Bill Summary · S 5081

Summary: S 5081 – Establishment of a $45 Fee for Motions and Ex Parte Applications in the Surrogate's Court

Purpose and Intent

  • Establishes a new filing fee of $45 for all motions made in pending proceedings and for ex parte applications within the surrogate's court.
  • The bill’s stated aim is to create a uniform fee for these particular court filings, potentially to support court operations or related administrative costs.

Key Provisions

  • Imposes a $45 fee on:
    • All motions filed in pending surrogate’s court proceedings.
    • All ex parte applications filed in the surrogate’s court.
  • The measure specifies no exemptions or waivers in the provided information; additional text in the enacted bill would determine any potential exemptions (e.g., for indigent parties or specific types of proceedings) or transition provisions.
  • Applies to motions and ex parte applications arising in surrogate’s court proceedings (which in New York typically involve probate, estates, guardianships, and related matters).

Affected Parties and Scope

  • Parties involved in surrogate’s court matters in which motions or ex parte filings are made, including:
    • Petitions and related parties in probate and estate administration.
    • Guardianship and incapacity matters.
    • Other surrogate’s court proceedings where motions or ex parte requests are filed.
  • Potential impact on attorneys, fiduciaries, and self-represented litigants who file these motions or ex parte applications.

Procedural and Timeline Details

  • Status: Referred to the Senate Judiciary Committee.
  • Introduced: February 18, 2025.
  • Legislative Actions: On the same date (February 18, 2025), the bill was referred to Judiciary (listed twice in the provided actions).
  • Related legislation includes:
    • S 4950 (prior-session)
    • S 2791 (prior-session)
    • S 3242 (prior-session)
    • A 177 (companion)

Sponsors

  • Senate: Luis R. Sepúlveda (primary)
  • Senate: Leroy Comrie (cosponsor)

Potential Impact and Considerations

  • Fiscal: The new fee could generate revenue for surrogate’s court operations; the magnitude depends on the volume of motions and ex parte applications.
  • Access to Justice: Without information on exemptions or fee waivers, there is potential concern about affordability for some litigants; the bill’s text would need to address whether waivers or reductions exist for indigent parties or specific types of proceedings.
  • Administrative: Courts would need to implement collection mechanisms (if not already in place) and ensure proper accounting for the new fee.
  • Policy Context: The companion assembly bill (A 177) suggests parallel consideration in the lower house; related prior-session bills may reflect ongoing interest in adjusting surrogate’s court funding or fee structures.

Note

This summary is based on the bill’s title and the provided summary details. The full text would specify exemptions, enforcement, for whom the fee applies (e.g., all filings by all parties), effective date if enacted, and any sunset or transition provisions.

Compiled from official sources — confirm details with the bill’s official record.

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