When a person passes away, New York requires the Will and other paperwork be filed with a law clerk, in the Surrogate’s Court in the County in which the Probate Proceeding will be held. And while the Surrogate’s Court Procedures Act explains how such legal matters are supposed to proceed, each county is somewhat different as to how these requirements should be met. While these differences may frustrate an attorney unfamiliar with a certain county’s requirements, it tends to drive “Pro Se” participants (I.e. the “Do It Yourselfers” who are not attorneys) to the brink of insanity. And when people act irrationally, the administering clerk will likely transform from helpful to defensive.
I was in one of these courts today listening to a clerk on the phone to an out-of-state Pro Se Petitioner. The person on the line had a family member die in New York, and was trying to handle an unfamiliar legal affair from afar. The Petitioner, as people tend to do, treated the clerk like an unintelligent, irresponsible, powerless public servant, unworthy of his time or dignity. Nothing could be further from the truth: The clerk is (a) often an attorney, (b) expertly familiar with the court’s requirements, (c) not in a position, or of the mentality to, cut corners, and most importantly (d) acts as the first / last / ONLY gatekeeper of having papers properly submitted for Probate. I could hear yelling, demanding, and downright inappropriate comments coming out of the phone receiver from 10 feet away. This person was attacking the ONLY person who could help him get what he wants. We have a legal term to explain this approach: Absolute stupidity.
The clerk was having none of this, and good for her. She told him (in a confident yet more-than-mildly-annoyed tone) what requirements remained outstanding, and that she would do what she could on her end later in the day. I hastily prepared an origami lotus flower for her, jokingly said I would only be somewhat more pleasant, and suggested she place that file at the bottom of her pile of work to do. When she smiled, told me that was not what she would be doing, and asked how she could help me, it became apparent to me which person’s approach was going to be the more effective one (Hint: I am very satisfied with the outcome of my visit).
In summary: An ounce of honey will get you more than a cup of vinegar with a clerk. Treat them with the respect they deserve and, at the very least, you will find out what you need to produce to successfully commence your Probate Proceeding.
Now that I have done my civic duty by telling the public to treat clerks with the utmost respect, I’ll balance it out by making my next post about the WORST experiences I’ve had with some of these same clerks.
Q FOR YOU: When was the last time you bit the only hand that could feed you?
