1. The Laws of New York
  2. Court Acts
  3. Surrogate's Court Procedure
  4. Article 3: Proceedings, Pleadings and Process


Section 308 Return day of citation 1

Surrogate's Court Procedure (SCP)

Return day of citation

  1. Based on place of service. Except as otherwise provided in subdivisions 2 and 3, the time of the return of a citation shall be governed by the following paragraphs:

  (a) The citation shall be served at least the following number of days before the return day:

  (i) 10 days if the person is served within the state;

  (ii) 20 days if the person is served without the state but within the United States, the District of Columbia, the Commonwealth of Puerto Rico or the possessions or territories of the United States; and

  (iii) 30 days in all other cases.

  (b) The time periods set forth under paragraph (a) of this subdivision shall commence to run from the time that service is complete as provided in 309.

  2. Service by publication. If served by publication, the return day shall not be earlier than the day service is completed, as provided in 309.

  3. Service on consular official. If served upon a consular official pursuant to 307, subdivision 3 (e), it shall be served at least 30 days prior to the return day.

  4. For the purpose of fixing the time within which a process must be served, service upon the clerk of the court, pursuant to designation, is personal service upon the fiduciary within the county where the letters of the fiduciary were issued.