New York has no single statewide probate court — it has 62 Surrogate’s Courts, one in each county, and the estate belongs to the court of the decedent’s county of domicile. Venue is set by SCPA 205-206: the Surrogate’s Court of the county where the decedent had their fixed, permanent home at death has jurisdiction over the estate. All 62 courts apply the same Surrogate’s Court Procedure Act (SCPA) and the same Estate, Powers and Trusts Law (EPTL), but each runs independently with its own Surrogate, clerk, calendar, and e-filing setup.
This is the single most misunderstood fact about New York probate. People search for “the New York probate court” expecting one address. There isn’t one. The right court depends entirely on where the deceased person lived.
Court identity
Surrogate’s Court. A New York trial court of limited jurisdiction that handles matters arising from death — probate of wills, administration of intestate estates, guardianship of minors’ property, accountings, and will contests — under the SCPA.
Each county’s Surrogate’s Court sits at the county seat (for example, the New York County Surrogate’s Court at 31 Chambers Street in Manhattan, the Kings County court at 2 Johnson Street in Brooklyn, Nassau’s at 262 Old Country Road in Mineola, and Suffolk’s at 320 Center Drive in Riverhead). Upstate, each county seat has its own. Always confirm the address of the specific county court before filing — verify the current address for that county.
What the Surrogate’s Court handles
- Probate of wills and issuance of letters testamentary (SCPA 1402)
- Administration of estates with no will (intestacy under EPTL 4-1.1)
- Small estates — SCPA Article 13 voluntary administration
- Accountings — informal and judicial
- Will contests and other estate litigation (SCPA 1404, 1410)
- Guardianship of the property of minors and certain incapacitated persons
- Kinship proceedings to identify unknown heirs
- Adoptions in many counties
The domicile rule (SCPA 205-206)
Domicile. A person’s true, fixed, permanent home — the place they intend to return to. It is not necessarily where they died or where they owned the most property.
SCPA 205-206 make domicile the cornerstone of venue. A person who winters in Florida but remains a New York domiciliary is probated in their New York county; a Westchester resident who dies in a Manhattan hospital is probated in Westchester, not New York County, because Westchester was their domicile. Establishing domicile correctly is often the first contested issue in an estate, especially for snowbirds and people with homes in multiple counties.
Procedure and e-filing across the state
Most New York Surrogate’s Courts participate in NYSCEF, the state’s electronic filing system, though availability and whether e-filing is mandatory or consensual varies by county and case type — verify the current NYSCEF status for the specific court. Each court maintains a Help Center for self-represented filers, but staff cannot give legal advice. Calendar speed varies dramatically: a small upstate county may set conferences within weeks, while a high-volume downstate court can run months behind. This caseload reality is the main thing that differs between counties, even though the governing law is identical.
Key court roles
The Surrogate. The elected judge who presides over the Surrogate’s Court. Larger counties may have more than one Surrogate; smaller counties’ County Judge may also serve as Surrogate. Chief Clerk. The administrator who manages filings, the calendar, and the Help Center. The clerk’s office is your first point of contact for procedure (not legal advice).
We deliberately name roles, not individuals — Surrogates are elected and change, so verify the current Surrogate for your county at filing.
Self-represented vs. represented filers
The Help Center exists because many small estates proceed pro se. For an uncontested small estate (SCPA Article 13) this can work. But once there are citations to serve, missing distributees, a will contest, or a taxable estate, the procedural demands rise quickly and most families retain counsel. The court will not draft your petition or advise you.
County-specific filing realities
Three statewide truths follow from the 62-court structure:
- You cannot shop for a friendlier court. Venue is fixed by domicile (SCPA 205); you file where the decedent lived, period.
- Out-of-county assets still go through the domicile court. A decedent’s cabin in another county is administered through the single domicile-county estate, not a second filing.
- Multi-state property may require ancillary proceedings. A New York domiciliary who owned real estate in another state may need an ancillary proceeding there, coordinated with the New York estate.
Frequently asked questions
How many Surrogate’s Courts are there in New York? Sixty-two — one per county. There is no centralized statewide probate court.
Which Surrogate’s Court do I file in? The one for the county where the decedent was domiciled at death (SCPA 205-206), regardless of where they died or owned property.
Can I e-file my New York probate? In most counties, yes, through NYSCEF — but availability varies by county and case type. Verify for your specific court.
What if I’m not sure which county was the decedent’s domicile? Domicile depends on intent and permanent home, not just time spent. It can be contested; see contested estates.
File in the right New York court
To open an estate in the correct county Surrogate’s Court, book a 30-minute consultation with Russel Morgan of Morgan Legal Group. This page is informational and does not create an attorney-client relationship.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.