What is a proof of service and why is it important?

• A. A certificate that all notices of the petition were mailed to the court only.
• B. Evidence that required notices or citations were properly served to interested parties; essential for the court to proceed.
• C. A report of the accounting to creditors.
• D. A receipt from the clerk of the court.

Answer: (B)

In Surrogate’s Court practice, proof of service is the sworn evidence that required notices or citations were properly delivered to all interested parties. This is typically an affidavit or affirmation from the person who did the serving, and it lays out who was served, where, when, and by what method. This proof is crucial because it shows the court that due process has been followed—those affected by the petition or proceeding were given proper notice and have an opportunity to respond or participate. Without this documented proof, the court cannot proceed, since it wouldn’t have a reliable record that the necessary notices were actually provided.

Other options don’t fit because they describe unrelated concepts: mailing notices to the court doesn’t show that interested parties were served, a report of the accounting to creditors is about accounting, and a clerk’s receipt is not proof that parties were served.