Each county has a surrogate court, and the surrogate is the judge of that court. The surrogate serves as the deputy clerk of the Superior Court, Chancery Division, Probate Division and Chancery Division, family side for adoptions, as well as the judge of the surrogate's court. The surrogate is a constitutional official elected to office by county voters every five years. The county surrogate has the authority to qualify executors and trustees named in wills, to appoint administrators for those who die intestate, and to appoint guardians for minors and legally incompetent persons. The Office of the Surrogate is also responsible for overseeing the process of contested property matters, declarations of incapacity, appointment of guardians, and granting of adoptions in the New York Superior Court.
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