There are New SCPA 307 Service of Process Rules in New York Surrogate’s Court. Here’s what’s Changed Under SCPA 307, 308 & 309?
New York has modernized service of process in Surrogate’s Court. Recent amendments to SCPA §§ 307, 308 and 309 expand the use of mailed and electronic service in probate and other Surrogate’s Court proceedings.
If you practice in Surrogate’s Court—or you’re an executor or administrator trying to navigate a New York estate—these changes significantly affect how and when you can properly serve citations and other process.
Below is a practical, plain-English breakdown of what you need to know.
What are the New SCPA 307 Service of Process Rules and Why Do They Matter?
SCPA 307 governs service of process in Surrogate’s Court, including:
- Citations in probate and administration proceedings
- Orders to show cause
- Other process issued by the Surrogate’s Court
Historically, the statute was rigid and old-fashioned:
- New York domiciliaries generally had to be served only by personal delivery within the state.
- Mail service was largely reserved for non-domiciliaries, and usually required registered or certified mail, return receipt requested.
During COVID, many Surrogate’s Courts relaxed these rules by administrative order, allowing service by mail and, in some cases, electronic means—with no major spike in challenges to service. The Legislature has now codified a more flexible, modern approach.
New SCPA 307 Service of Process Rules – Key Change #1: Mailed Service Now Available for New York Residents (Without a Court Order)
The headline change in amended SCPA 307(2) is that mailed service is no longer limited to non-domiciliaries.
Service of process may now be made:
- By registered mail
- By certified mail (without the old “return receipt requested” language)
- By special mail service (e.g., FedEx, UPS, USPS Express Mail)
- Within or without New York State
You may use these mail methods even for New York domiciliaries, and you do not need a court order just to use mail instead of personal delivery.
Personal delivery under SCPA 307(1) is still permitted, so you now have two co-equal statutory routes:
- Personal delivery, or
- Registered/certified/special mail service that meets the statute.
Practical implications
- Lower costs: You can dramatically reduce process server fees in routine matters.
- Faster progress: Mailed service can move estates along more quickly when parties are spread out.
- Proof still matters: You must be able to prove mailing—keep USPS or carrier records, tracking, and internal logs.
New SCPA 307 Service of Process Rules – Key Change #2: Court-Ordered Service Can Now Expressly Include Email and Other Electronic Means
Amended SCPA 307(3) preserves court-ordered alternative service but updates it for the digital age.
The court may order alternate service if:
- You’ve exercised due diligence and service under 307(1) or (2) cannot be effected, or
- Using those methods would be impracticable.
The statute now expressly recognizes service “by electronic means,” using the same general concept as in the CPLR—such as email or other electronic transmission authorized by the court.
When might electronic service be ordered?
Examples include:
- A respondent living abroad in a location with unreliable mail
- A beneficiary whose email is stable and regularly used, but whose physical address keeps changing
- A party who has actively used email in related litigation or estate communications
You’ll still need a specific court order authorizing electronic service in your case, supported by affidavits showing due diligence and why email or other electronic methods are appropriate.
New SCPA 307 Service of Process Rules – Key Change #3: Updated Time Frames for Service Under SCPA 308
The amendments to SCPA 308 modernize the minimum lead time between service of a citation and the return date, depending on where and how you serve:
- 10 days if the person is served within New York State by personal delivery
- 20 days if the person is served within the United States by other than personal delivery (for example, by certified mail or special mail service)
- 30 days in all other cases, including foreign service and cases involving certain governmental parties
These timelines reflect the expanded mail options and the reality that domestic mail is generally faster than international or government-directed service.
Key Change #4: When Is Service “Complete”? – SCPA 309
Amended SCPA 309(2) clarifies when service is deemed complete, which matters for calculating deadlines and defaults:
- Registered/certified mail – service is complete upon mailing.
- Special mail service – service is complete when the envelope is received by USPS or the designated delivery service.
- Substituted service – service is complete on the later of delivery/affixing and mailing, mirroring CPLR concepts.
- Electronic means – service is complete upon transmittal of the process.
These New SCPA 307 Service of Process Rules are critical when you’re determining:
- Whether service was timely under SCPA 308
- When a default can be requested
- How to properly draft your affidavit of service
Checklist: How to Approach Service Under the New SCPA 307
When commencing a Surrogate’s Court proceeding under the amended statute, consider:
- Identify who must be served
- New York domiciliary or not?
- Individual, corporate entity, creditor, or governmental party?
- New York domiciliary or not?
- Choose your method(s) of service
- Personal delivery
- Registered or certified mail, within or outside New York
- Special mail service (FedEx, UPS, USPS Express)
- If those fail or are impracticable: move for court-ordered alternative service, including email where appropriate.
- Personal delivery
- Calendar deadlines under SCPA 308
- Apply the 10 / 20 / 30-day rules based on where and how service is made.
- Apply the 10 / 20 / 30-day rules based on where and how service is made.
- Document service thoroughly
- Keep receipts, tracking confirmations, and internal logs
- Ensure affidavits clearly state how, when, and where service was made
- Specify the date service is deemed complete under SCPA 309.
- Keep receipts, tracking confirmations, and internal logs
- Check local practices
- Individual Surrogate’s Courts may have local requirements, such as number of attempts before seeking alternative service.
- Individual Surrogate’s Courts may have local requirements, such as number of attempts before seeking alternative service.
New SCPA 307 Service of Process Rules – What This Means for Executors, Administrators, and Beneficiaries
For non-lawyers, here’s the bottom line:
- It’s now easier and often less expensive to move a probate or administration case forward because your attorney can frequently serve papers by mail instead of relying exclusively on personal delivery.
- If you receive Surrogate’s Court papers by certified mail or special carrier, they may be perfectly valid service under the new rules.
- Deadlines to respond or object are tied to when service is legally complete, so if you are served, you should contact a lawyer immediately.
FAQ: New SCPA 307 Service of Process Rules
A: Yes. Under the amended SCPA 307, you may serve process by certified or registered mail, or by certain special mail services, within or outside New York—even on New York domiciliaries—without first obtaining a court order, provided you comply with the statute’s requirements.
A: Not always. Personal delivery by a process server is still allowed and sometimes strategically wise (for example, where you anticipate a challenge to jurisdiction), but mailed service is now a valid, routine alternative in many cases.
A: No. Email or other electronic service is not automatic. It must be specifically authorized in a court order as an alternative method of service after you show that traditional methods are ineffective or impracticable.
A: In general, you must complete service at least:
10 days before the return date for personal delivery within New York,
20 days before if serving within the United States by methods other than personal delivery (such as mail), and
30 days before in other cases, including foreign service.
Your attorney should calculate the precise deadline based on your specific facts.
A: For registered or certified mail, service is deemed complete upon mailing. For special mail services, it is complete when the item is received by USPS or the designated delivery service. For electronic service ordered by the court, service is complete upon transmittal.
A: Do not ignore them. Under the new rules, mailed service may be entirely valid, and you may have limited time to appear, object, or respond. You should contact a New York Surrogate’s Court attorney promptly.
People Also Ask About New SCPA 307 Service of Process Rules and New York Surrogate’s Court
What is SCPA 307 in New York?
SCPA 307 is the New York statute that governs how citations and other process are served in Surrogate’s Court. It sets out who must be served and the acceptable methods of service, including personal delivery, mail, and court-ordered alternative methods.
Can you serve a Surrogate’s Court citation by mail in New York?
Yes. Under the amended SCPA 307, you can serve Surrogate’s Court process by registered or certified mail, or certain special mail services, within or outside New York—even on New York domiciliaries—so long as you follow the statute’s requirements.
Does New York allow electronic service in Surrogate’s Court?
Electronic service, such as by email, is not automatic but is allowed when specifically authorized by court order. You must show that traditional methods of service are ineffective or impracticable before the court will approve service by electronic means.
How many days before the return date must service be made in Surrogate’s Court?
Generally, service must be completed at least 10 days before the return date for personal delivery within New York, 20 days for service within the United States by non-personal methods (like mail), and 30 days in other cases, including foreign service.
When is service considered complete if I serve by mail?
For registered or certified mail, service is deemed complete upon mailing. For special mail services, service is complete when the item is received by USPS or the designated delivery service. For court-ordered electronic service, it is complete upon transmittal.
How RK Law PC Can Help With Surrogate’s Court Proceedings After the New SCPA 307 Service of Process Rules
At RK Law PC, we regularly:
- Commence probate and administration proceedings in New York, Kings (Brooklyn), Queens, Bronx, Richmond (Staten Island), Nassau, Suffolk, and Westchester Surrogate’s Courts
- Advise executors, administrators, and beneficiaries on proper service of process and how to address defects in service
- Litigate issues involving jurisdiction, defaults, and motions to vacate based on alleged service problems
We are continually updating our internal forms, affidavits, and checklists to reflect the new requirements of SCPA 307, 308, and 309, so that our clients’ cases are not delayed by avoidable service issues.
If you have questions about serving or responding to Surrogate’s Court process under the new rules, or if you need help starting a probate or administration proceeding in New York:
For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:
Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com
Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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