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SCPA 2604 · Article 26. The Surrogate's Court and Its Officers

Disqualification of judge

Verbatim from the official edition

Text — Law content up to date as of September 18, 2026, as published by the New York State Senate (Open Legislation)

§ 2604. Disqualification of judge

1. In addition to his general disqualifications as a judicial officer, a judge of the surrogate's court is also disqualified.

(a) from acting upon an application for the probate of a will where he is an attesting witness or is necessarily examined or to be examined as a witness,

(b) where he files a certificate that his relations to the parties or subject matter is such that it is improper for him to act.

2. An objection to the power of a judge of the surrogate's court to act based upon a disqualification is waived by an adult party unless it is taken at or before the joinder of issue by that party or, where an issue is not framed, at or before the submission of the matter to the court.

Source of truth

Edition
Law content up to date as of September 18, 2026, as published by the New York State Senate (Open Legislation)
Official file
https://legislation.nysenate.gov/pdf/laws/SCP2604
Text hash
sha256 745bcc69c909d8d38351d387140fabb1a7f129b6031ff5641a131e7e377e511c
Composed by
gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.