Probate in New York: 62 Surrogate’s Courts, One Body of Law

Probate in New York is decided county by county, not in one central court. Each of the state’s 62 counties operates its own Surrogate’s Court, and the estate is filed in the county where the decedent was domiciled at death under SCPA 205. Two statutes govern everything: the EPTL (Estate, Powers and Trusts Law) supplies the substantive rules, and the SCPA (Surrogate’s Court Procedure Act) supplies the procedure.

This hub exists to orient New Yorkers before they file. Most probate websites describe a single courthouse. New York doesn’t work that way — a person who dies a resident of Albany cannot have their estate probated in Erie or Westchester. The first real question in any New York estate is not “how does probate work” but “which county’s Surrogate’s Court has jurisdiction over this estate.” Get that wrong and the petition is rejected.

Who this resource serves

This site is for the executor named in a New York will, the family member who must open an estate when there is no will, and the planner who wants to understand how a New York estate is administered before signing documents. Because we cover the whole state rather than one borough, our emphasis is on the rule that ties all 62 courts together — domicile-based venue — and on the differences a reader will encounter depending on whether the decedent lived in a high-volume downstate county or a smaller upstate one.

The informational pillars

• Wills under New York law — what a will controls, the EPTL 3-2.1 execution requirements, and what happens if you die without one.
• Trusts in New York — revocable, irrevocable, and Medicaid asset-protection trusts, and how a funded trust keeps assets out of any Surrogate’s Court.
• Power of attorney and health care proxy — the incapacity documents that prevent an Article 81 guardianship.
• New York estate taxes — the NY exemption, the 105% “cliff,” and how it differs from the federal tax.
• The New York probate process — the full step-by-step path from filing the petition to closing the estate.
• New York Surrogate’s Courts — how the 62-court system and domicile venue actually work.
• Executor duties — what a New York fiduciary must do, and statutory commissions under SCPA 2307.
• Contested estates and will contests — standing, grounds, and SCPA 1404 examinations.
• The complete New York estate guide — the deep statewide resource on counties, venue, and filing realities.

How probate works in New York at a glance

1. Determine the county of domicile. This sets which Surrogate’s Court has venue (SCPA 205-206). Domicile is the decedent’s true, permanent home — not necessarily where they died.
2. File the probate petition with the original will and death certificate in that county (SCPA 1402).
3. Give notice to distributees (the persons who would inherit under intestacy) by citation if they do not sign waivers.
4. Receive letters testamentary — the court order that empowers the executor to act.
5. Marshal assets, pay debts and taxes, and account to the beneficiaries.
6. Distribute and close the estate.

The same skeleton applies in every county, but timelines, e-filing rules, and clerk practices vary. Our step-by-step probate guide walks through each stage.

New York court and statute snapshot

There is no centralized “New York State Surrogate’s Court.” Anyone promising a single statewide filing is describing the wrong system.

Common questions

Is probate handled the same way across New York? The law (EPTL and SCPA) is uniform statewide, but each county’s Surrogate’s Court runs its own calendar, clerk’s office, and e-filing setup. See the Surrogate’s Court overview.

What if the decedent owned property in more than one county? Probate happens in the domicile county; out-of-county real property is then handled through that single estate. Details on the estate guide.

How long does a New York estate take? A straightforward, uncontested estate often runs several months to a year; busy downstate counties run longer. See timelines.

More answers are on the New York probate FAQ.

About this resource

This site is published by Morgan Legal Group, led by attorney Russel Morgan, a New York firm focused on estate planning, probate, and Surrogate’s Court practice across the state. Our content is written and reviewed by New York-licensed attorneys and grounded in the EPTL and SCPA. Learn more on our about page.

Talk through your estate

If you are about to open an estate or want to plan one, you can book a 30-minute consultation with Russel Morgan: schedule a consult. This page is informational and does not create an attorney-client relationship.