In a surrogate's court proceeding, who is a respondent?

• A. The petitioner.
• B. The attorney for the petitioner.
• C. Every party to a proceeding except a petitioner.
• D. The judge.

Answer: (C)

In surrogate's court, a respondent is any party to the proceeding who must respond to the petition. The petition initiates the case, and the court serves citations to notify those with an interest or who are named as having a stake in the relief sought. Those individuals or entities who are not the petitioner become respondents and must appear or answer, so their rights can be protected and the court can determine the matter. The petitioner is the one who filed the petition, and the attorney for the petitioner represents that party, not a respondent. The judge is the officer of the court, not a party. So the respondent is every party to the proceeding except the petitioner.