SURROGATE (Lat. surrogates, subrogatus, p.p. of subrogare, surrogate, to substitute, from sub, under + rogarc, to ask). A judicial officer having jurisdiction over the probate of wills, the administration and settlement of decedents' es tates, and in some States the power to appoint and supervise guardians of infants and other legally incompetent persons. As the derivation of the name indicates, a surrogate was formerly the substitute or representative of another of ficial. Originally in England the ecclesiastical courts had jurisdiction of all the matters above mentioned, and as their business increased it be came necessary for the bishops to delegate some one to act in their places. These substitutes were at first ecclesiastical, and at a later period lawyers, and were known as surrogates. In 1S57 the probate jurisdiction of the surrogates was transferred to the Court of Probate and Divorce.
Prior to the Revolution the Governors of the various American colonies were accustomed to appoint surrogates to represent them in matters of probate and administration of estates. In
New York and several other States to-day the surrogate of a county is an independent judicial officer. The jurisdiction of a surrogate is usual ly confined to the probate of wills, the adminis tration of the estates of persons dying intestate, and the appointment of guardians for infants and other incompetent persons. Incidentally they must hear contests of wills, and controversies over the descent and distribution of property of decedents. They exercise a close supervision over the conduct of guardians' affairs, and the latter may apply to them for advice in case of doubt on any matter pertaining to their trusts. Proceedings before a surrogate are conducted with practically the same formality as in other courts. An appeal from the decisions of surro gates will lie to appellate courts. Surrogates correspond to probate judges and judges of widows' and orphans' courts in some States. See COURTS; PROBATE COURT; and consult the au thorities there referred to.