What constitutes process in the surrogate's court?

• A. A petition for relief.
• B. A will.
• C. Citation, order to show cause, subpoena and any other mandate of the surrogate's court by which jurisdiction is obtained of a party.
• D. A notice of hearing.

Answer: (C)

The main concept is what counts as process in Surrogate's Court: the formal instruments used to bring a party under the court’s jurisdiction and compel action. In practice, process includes a citation, an order to show cause, a subpoena, and any other mandate by which the surrogate’s court obtains jurisdiction over a party. These devices are the means by which the court can compel appearance, production, or compliance so the matter can proceed.

A petition for relief starts the proceeding, but it is a pleading, not process itself. A will is an instrument that disposes of property, not a procedural device to bring someone within the court’s authority. A notice of hearing is simply notice of a future proceeding and does not by itself establish the court’s jurisdiction over a party.