Probate in New York State: A County-by-County Map

Probate in New York State is handled county by county, not by any central statewide court. Each of New York’s 62 counties operates its own Surrogate’s Court, and the court with authority over an estate is the one in the county where the decedent was legally domiciled at death (SCPA 205-206). The substantive rules come from the Estate Powers and Trusts Law (EPTL); the procedure comes from the Surrogate’s Court Procedure Act (SCPA).

If you searched for “New York probate court” expecting one office, this page is the correction that saves you a wasted trip. There is no Albany clearinghouse, no single filing window for the whole state. A Buffalo resident’s estate is probated in Erie County. A Yonkers resident’s in Westchester. A Montauk resident’s in Suffolk County, in Riverhead. The first real question in any New York estate is not “what forms?” — it is “which county?”

Who this New York State probate hub serves

This site exists for the person trying to orient before they choose a court. You might be an out-of-state executor named in the will of a parent who lived Upstate. You might be a surviving spouse in the Hudson Valley unsure whether your county requires e-filing. You might be comparing probate across two counties because a relative split time between a primary home and a vacation house. Whatever your situation, the recurring confusion is the same: people assume New York probate is one system when it is 62 parallel systems running on shared statutes. We map those statutes — EPTL and SCPA — and then point you to the local realities that change by county.

Unlike a site focused on a single borough, this hub keeps the statewide lens. We explain the rules every county shares, flag where counties diverge, and help you identify your venue before you spend a filing fee.

The pillars: where to go next

• How probate works in New York — the full SCPA step-by-step, from petition to closing the estate, applicable in any county.
• New York Surrogate’s Courts — what these courts do, how jurisdiction is set, and the county-of-domicile rule explained in depth.
• Executor and administrator duties — what fiduciaries must do under New York law, and the SCPA 2307 commission schedule.
• Contesting a will in New York — standing, grounds, SCPA 1404 examinations, and no-contest clauses.
• Wills under New York law — EPTL 3-2.1 execution rules and what happens when there is no will.
• Trusts and probate avoidance — how revocable and Medicaid trusts keep property out of any Surrogate’s Court.
• The statewide estate guide — the deep resource on county venue, the estate-tax cliff, and choosing the right court.

How probate works in New York, at a glance

The mechanics are statewide even though the courthouse changes:

1. Find the will and the death certificate. The original will is required; a photocopy triggers a far harder proceeding.
2. Identify the county of domicile. This sets venue under SCPA 205. Domicile is the decedent’s true fixed home, not necessarily where they died.
3. File the probate petition (SCPA 1402) in that county’s Surrogate’s Court, naming the distributees who must receive notice.
4. Serve citation or obtain waivers from interested parties so the court can confirm the will is valid.
5. Receive letters testamentary — the court’s authority for the executor to act.
6. Marshal assets, pay debts and taxes, then distribute what remains under the will.
7. Account and close the estate, formally or informally.

For the full version with documents, fees, and timelines, see the New York probate process guide.

New York court and statute snapshot

Governing courts: 62 county Surrogate’s Courts (one per county). No statewide Surrogate’s Court. Venue rule: SCPA 205-206 — the county of the decedent’s domicile at death. Substantive law: EPTL (Estate Powers & Trusts Law) — wills, intestacy, trusts. Procedural law: SCPA (Surrogate’s Court Procedure Act) — petitions, citations, accountings. Estate tax: New York imposes its own estate tax with a “cliff” (the 105% rule), separate from federal tax.

Common questions

Do all New York counties use the same probate forms? Largely yes — the SCPA is statewide and the official forms are uniform — but local practice, e-filing availability, and timelines vary by county. See our FAQ.

Can I file a New York estate in any county I choose? No. Venue is fixed by the decedent’s domicile under SCPA 205. Filing in the wrong county wastes the fee and the petition.

What if someone died without a will in New York? The estate goes through administration rather than probate, and assets pass under the intestacy table in EPTL 4-1.1. See the wills guide for the distribution rules.

About the firm

This resource is published by Morgan Legal Group, a New York estate and probate practice led by attorney Russel Morgan. The firm handles estate planning, probate, and administration across New York’s county Surrogate’s Courts. Content here is grounded in the EPTL and SCPA and reviewed by a New York-licensed attorney. Learn more on the About page.

Start with a conversation

Probate questions are easier to resolve before a filing than after. If you want to confirm which county’s Surrogate’s Court applies to your situation and what the first steps look like, you can book a 30-minute consultation with Russel Morgan.

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