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New York probate

Which New York Court Handles Probate?

Start with the New York court that has venue, then use its current filing method, fee, original-document rules, and scheduling instructions. Surrogate's Court is established in every New York county and hears probate and estate administration matters.

Plain-language term: Letters Testamentary are court-issued proof of an executor’s authority. Letters of Administration are court-issued proof of an administrator’s authority. Real property means real estate, such as land or a home. A fiduciary is an executor or administrator with a legal duty to act in the estate’s best interest. Image: Beyond My Ken, CC BY-SA 4.0, via Wikimedia Commons.

New York State Capitol northwest facade in Albany
Beyond My Ken, CC BY-SA 4.0, via Wikimedia Commons. Source · CC BY-SA 4.0

New York probate

Which court handles the probate case?

For a New York domiciliary, file in the Surrogate’s Court for the county of domicile under SCPA 205. Keep the supporting record, responsible person, chosen action, and next deadline together before proceeding. Current form or order, supporting records, filing receipt, case number, and next court response

Question or recordWhat appliesNext action
Court responsibleEach New York county has a Surrogate’s Court for probate and estate administration.Keep the supporting record, responsible person, chosen action, and next deadline together before proceeding
Venue or receiving officeFor a New York domiciliary, file in the Surrogate’s Court for the county of domicile under SCPA 205.Keep the supporting record, responsible person, chosen action, and next deadline together before proceeding
Filing channelNYSCEF availability and mandatory status are county- and proceeding-specific; use the selected county’s court profile and protocol.Keep the supporting record, responsible person, chosen action, and next deadline together before proceeding

New York probate

Which official filing and record tools should you use?

New York probate

What is the local filing workflow?

  1. OriginalsKeep the supporting record, responsible person, chosen action, and next deadline together before proceeding
  2. Fee and paymentKeep the source, quote or invoice, approval, payment record, and estate-ledger entry together
  3. Notice or hearingKeep the supporting record, responsible person, chosen action, and next deadline together before proceeding
  4. Records and copiesOrganize the current records, identify the responsible person, and calendar the next deadline before acting

New York probate

How can the papers be filed and delivered?

Question or recordWhat appliesNext action
Notice or hearingA citation and return date are needed when jurisdiction is not completed by waivers and consents.Keep the supporting record, responsible person, chosen action, and next deadline together before proceeding
Records and copiesWebSurrogate provides public estate-file and document searches, subject to access restrictions.Organize the current records, identify the responsible person, and calendar the next deadline before acting
Issued authorityWhen the Surrogate admits the will and the executor qualifies, the court enters a decree and issues Letters Testamentary.Keep the supporting record, responsible person, chosen action, and next deadline together before proceeding
Court responsibleEach New York county has a Surrogate’s Court for probate and estate administration.Keep the supporting record, responsible person, chosen action, and next deadline together before proceeding

New York probate

How do you track the case and hearing?

  1. Issued authorityKeep the supporting record, responsible person, chosen action, and next deadline together before proceeding
  2. Court responsibleKeep the supporting record, responsible person, chosen action, and next deadline together before proceeding
  3. Venue or receiving officeKeep the supporting record, responsible person, chosen action, and next deadline together before proceeding
  4. Filing channelKeep the supporting record, responsible person, chosen action, and next deadline together before proceeding

Each New York county has a Surrogate’s Court for probate and estate administration. Keep the supporting record, responsible person, chosen action, and next deadline together before proceeding. Current form or order, supporting records, filing receipt, case number, and next court response

New York probate

How does Alix handle the court work and the estate work?

NYSCEF availability and mandatory status are county- and proceeding-specific; use the selected county’s court profile and protocol. Keep the supporting record, responsible person, chosen action, and next deadline together before proceeding. Current form or order, supporting records, filing receipt, case number, and next court response

Licensed legal and tax work

  • Legal advice and filing strategy
  • Petitions, notices, and legal responses
  • Court questions and hearings
  • Included tax work by qualified professionals

Estate settlement operations

  • Accounts, assets, and institution follow-up
  • Property, insurance, debts, and records
  • Beneficiary communication and distributions
  • One Estate Settlement Specialist coordinating the work

Use Form P-1 and the statewide probate checklist; add the original will and codicils, death certificate, and any required citation, waivers, renunciations, affidavits, family-tree proof, and proposed decree. Keep the supporting record, responsible person, chosen action, and next deadline together before proceeding

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Questions worth answering

Questions about New York probate

How do I choose the receiving probate court in New York?

Each New York county has a Surrogate’s Court for probate and estate administration. For New York, keep the controlling source, supporting record, responsible person, chosen action, and next deadline together in the estate file before relying on this answer.

What should I prepare before filing?

Use Form P-1 and the statewide probate checklist; add the original will and codicils, death certificate, and any required citation, waivers, renunciations, affidavits, family-tree proof, and proposed decree. For New York, keep the controlling source, supporting record, responsible person, chosen action, and next deadline together in the estate file before relying on this answer.

How can the opening be submitted, and what does it cost?

NYSCEF availability and mandatory status are county- and proceeding-specific; use the selected county’s court profile and protocol. Checked October 18, 2026: SCPA 2402 bases the petition fee on estate value; payment methods and certificate charges are county-specific.

What should I preserve after submission?

WebSurrogate provides public estate-file and document searches, subject to access restrictions. When the Surrogate admits the will and the executor qualifies, the court enters a decree and issues Letters Testamentary. For New York, keep the controlling source, supporting record, responsible person, chosen action, and next deadline together in the estate file before relying on this answer.

What should you gather before starting New York probate filing?

Start with the original will, certified death certificate, ownership records, beneficiary and family details, current addresses, and any case number or court notice. Keep accepted filings separate from drafts, and record who supplied each document. This gives the court, institutions, the assigned attorney, and the Estate Settlement Specialist one reliable working file for the New York estate.

What can Alix handle for a New York estate?

Alix handles the agreed probate and estate-settlement work under one written plan. A licensed attorney from the Alix network handles included legal work. Qualified tax professionals handle included tax work. An Estate Settlement Specialist manages the accounts, property, debts, records, institutions, distributions, and family updates while you remain in control of required decisions.

Official sourcesView the 6 current court and law sources used for this page

New York court and statute pages set the rules and amounts used in this guide.