Bronx Surrogate's Court Part Rules: What Attorneys and Estate Practitioners Need to Know

The Bronx County Surrogate's Court has issued updated Individual Part Rules for Hon. Nelida Malave-Gonzalez, Bronx County Surrogate, dated October 16, 2026. The rules address important procedures involving e-filing, original documents, working copies, service of process, court appearances, adjournments, motions, alternative dispute resolution, Article 17-A proceedings, and other Surrogate's Court matters.

Important: These are the Individual Part Rules of Hon. Nelida Malave-Gonzalez, Bronx County Surrogate, updated October 16, 2026. They are not a replacement for the statewide Uniform Rules for Surrogate's Court. The Court expressly provides that Part 207 of the Uniform Rules applies to the Bronx County Surrogate's Court unless these Individual Part Rules specifically direct otherwise.

For attorneys and parties appearing before the Court, understanding both sets of rules is important. Missing a filing deadline, failing to provide a required original or working copy, or assuming that an adjournment has been granted can delay a Surrogate's Court proceeding.

E-Filing in Bronx Surrogate's Court

With limited exceptions, e-filing is mandatory in Bronx County Surrogate's Court. The Individual Part Rules identify exceptions for guardianship matters and adoptions, as well as situations involving qualifying self-represented litigants and attorneys who qualify for an exemption and properly opt out.

Parties should familiarize themselves with both the Bronx County Surrogate's Court e-filing protocols and the statewide e-filing rules applicable to Surrogate's Court proceedings.

Practice Point: Before filing, confirm whether the matter is subject to mandatory e-filing and whether the filing requires originals or working copies to be delivered separately to the Court.

Original Documents Must Be Delivered to the Court

Electronic filing does not eliminate the requirement to provide certain original documents to the Court.

The Individual Part Rules require an original certified birth certificate, certified death certificate, and the decedent's Will to be delivered to the Court within two business days after those documents are electronically filed.

Applications requiring those original documents will not be processed until the originals are received. If the required originals are not received within 30 days after an application is filed, the application will be deemed discontinued.

Important: Although the decedent's original Will must be scanned by the e-filer, the original Will must not be unstapled.

Working Copies Are Still Required

The Court also requires working copies of certain electronically filed documents. These include notices of motion and their supporting documents, pleadings in wrongful death proceedings and accounting or miscellaneous proceedings, and accountings.

Required working copies must generally be submitted within two business days following electronic filing.

Each working copy must include the NYSCEF Confirmation Notice firmly attached as the front cover page and must otherwise comply with the Bronx County e-filing protocols.

Practice Point: The Court states that no action will be taken on a proceeding unless the required working copies are received.

Service of Process Under SCPA 307

The Individual Part Rules also address service of process under SCPA 307.

Before directing alternative service under SCPA 307(3), the Court generally requires a showing that diligent efforts were made to complete service by mail under SCPA 307(2), or that there were four attempts at personal service on different days and at different times over a two-week period, including one Saturday, subject to the exception stated in the Court's rules.

An affidavit or affirmation of service must be filed at least two business days before the Citation return date. The proof of service should clearly identify the person and address served, the date of service, the documents served, and applicable certified mail tracking numbers.

Late proofs of service may not be reviewed before the return date and can result in an additional appearance and delays in processing the petition.

Related Reading: Learn more about the changes to service under SCPA 307 in our article, SCPA 307: The End of the Service Scavenger Hunt in New York.

Court Appearances and Calendar Calls

The Court's probate, administration, accounting, and miscellaneous proceedings calendar is regularly called on Tuesdays at 9:30 a.m. and Thursdays at 9:30 a.m.

Guardianship proceedings under Article 17-A are generally called on Wednesdays at 10:00 a.m. and Thursdays at 2:15 p.m.

Failure to appear at a scheduled calendar call or conference may result in appropriate relief, including default or dismissal of the proceeding.

Counsel appearing before the Court are expected to be familiar with the case and fully authorized to enter into agreements concerning substantive and procedural matters.

Requests for Adjournments

Requests for adjournments of calendar appearances are discouraged and must be made in writing. The request must either be on consent of all parties or made on prior notice to the other parties.

Generally, an adjournment request must be received by the Court at least 48 hours before the scheduled appearance and must state:

1. The good cause supporting the requested adjournment; and
2. Whether the other parties consent to or object to the request.

The requesting party may also suggest an approximate period for the adjournment or a specific proposed date.

Practice Alert: An adjournment is not effective merely because all parties consent. The adjournment must be approved by the Court in writing.

Motions and Orders to Show Cause

Motion Return Dates

Motions made by Notice of Motion are to be made returnable on a Tuesday when the Court is in session, after consultation with the relevant Court department. Return dates for Orders to Show Cause are determined by the Court.

Appearances are required on motion return dates unless the Court directs otherwise. Oral argument is within the Court's discretion.

Working Copies of Motions

A working hard copy of motions must be provided to the Court before the submission date. Affirmations, affidavits, and memoranda of law must contain numbered pages and exhibit tabs.

Disclosure Disputes

If a disclosure dispute cannot be resolved through the parties' diligent good-faith efforts, the aggrieved party should notify the Court so that a conference can be scheduled.

The Court states that a disclosure motion will not be entertained until after a conference has been conducted in an effort to resolve the dispute.

Sealing and Redaction

Requests to file documents under seal or in redacted form must be made by Order to Show Cause. The Court's rules contain specific requirements for the supporting papers, including the legal and factual basis for the requested sealing or redaction.

Pretrial Conferences and Alternative Dispute Resolution

At a pretrial conference, the Court may schedule a trial date, explore whether referral to a referee is appropriate, address the limitation of issues for trial, and consider anticipated evidentiary issues.

Counsel should also be prepared to discuss settlement and should have the necessary authority from their clients.

The Individual Part Rules provide that disputed matters will be referred to some form of alternative dispute resolution, or ADR. Settlement conferences are intended to occur early and frequently during litigation, and the Surrogate may also refer disputes to mandatory mediation.

Article 17-A Proceedings

Absent an emergency, Article 17-A hearings are heard on designated Wednesdays or Thursdays in accordance with the Court's calendar.

At the hearing, the Court generally will consider medical evaluations of a person alleged to be intellectually or developmentally disabled only when those evaluations were performed within one year of the hearing date. The Court may relax this requirement under compelling circumstances.

Additional Rules to Know

Stale Filings

A pleading or supplemental paper, including a waiver and consent, renunciation, or affidavit, that is dated more than one year before the filing date is considered stale and will not be accepted for filing by the Court.

Preliminary and Temporary Letters

An order granting preliminary or temporary letters generally provides that the letters expire six months after issuance, unless the Court determines that another time period is appropriate.

The Court may also require a bond or limit the authority granted by preliminary or temporary letters.

Substitution or Withdrawal of Counsel

Substitutions of counsel must be in writing and signed by the client, incoming attorney, and outgoing attorney. When an attorney seeks to be relieved and there is no incoming attorney, a motion for that relief must be made by Order to Show Cause on notice to the client and other parties.

So-Ordered Subpoenas

A subpoena duces tecum will be so-ordered only when the requested materials are required to be delivered to the Bronx County Surrogate's Court, Room 323, at 851 Grand Concourse, Bronx, New York 10451.

Technology and AI in the Courtroom

The Individual Part Rules contain specific restrictions regarding technology during court appearances and conferences.

No party or counsel may use a device to record, videotape, or otherwise electronically transcribe any portion of a court appearance or conference. Smart glasses are prohibited in the Bronx County Courthouse, and AI meeting assistants or similar systems are prohibited during court appearances and conferences.

Practice Point: Attorneys and staff should review the technology they use for meetings and note-taking before appearing in Bronx County Surrogate's Court to ensure that an automated transcription or AI meeting assistant is not operating during the appearance.

Key Takeaways for Bronx Surrogate's Court Practice

• E-file unless an applicable exception applies.
• Deliver required original documents within two business days of electronic filing.
• Submit required working copies within two business days.
• Include the NYSCEF Confirmation Notice with required working copies.
• File proof of service at least two business days before the Citation return date.
• Submit most adjournment requests at least 48 hours in advance.
• Do not assume that an agreed-upon adjournment has been granted. Court approval is required.
• Check execution dates before filing waivers, consents, renunciations, affidavits, and other documents that could be considered stale.
• Do not use prohibited recording technology, smart glasses, or AI meeting assistants during court proceedings and conferences.

Remember: These requirements come from the Individual Part Rules of Hon. Nelida Malave-Gonzalez, Bronx County Surrogate, updated October 16, 2026. Part 207 of the Uniform Rules for Surrogate's Court continues to apply unless the Individual Part Rules expressly provide otherwise.

Questions About a Bronx Surrogate's Court Proceeding?

Surrogate's Court proceedings involve detailed procedural requirements. Filing, service, motion practice, and appearance requirements can affect how efficiently an estate or other proceeding moves through the Court.

Antonelli & Antonelli assists clients with probate, estate administration, estate litigation, and other Surrogate's Court matters in New York.

Contact Antonelli & Antonelli to discuss your Surrogate's Court matter.

This article is provided for general informational purposes only and is not legal advice. Court rules and procedures may change, and parties should review the applicable statutes, Uniform Rules for Surrogate's Court, individual court rules, and current court guidance before proceeding.