Probate in New York: Which Surrogate’s Court & Why It Matters

Probate in New York is not handled by a single statewide court. Each of New York’s 62 counties runs its own Surrogate’s Court, and the estate of a person who died (“the decedent”) is filed in the county where that person was domiciled — their legal home — under SCPA 205-206. The two laws that govern everything are the Estate Powers and Trusts Act (EPTL), which sets the substantive rules, and the Surrogate’s Court Procedure Act (SCPA), which sets the procedure.

If you searched “probate attorney in New York,” you may mean one of three different things, and confusing them is the single most common mistake people make. This hub exists to clear that up before you waste a trip to the wrong building.

What “New York” actually means for probate

“New York” is one of the most ambiguous phrases in American law. For a probate filing it can mean any of three distinct things:

• New York County — this is the literal, legal “New York County,” which is coextensive with the Borough of Manhattan. Its Surrogate’s Court sits at 31 Chambers Street, New York, NY 10007, in the 1907 Beaux-Arts Surrogate’s Courthouse (the old Hall of Records).
• New York City — the five-borough system, with five separate Surrogate’s Courts: New York (Manhattan), Kings (Brooklyn), Queens, Bronx, and Richmond (Staten Island). A Manhattan decedent’s estate cannot be filed in Brooklyn.
• New York State — the full county-based system of 62 Surrogate’s Courts, one per county, venue set by domicile.

This site treats “New York” first in its literal sense — New York County / Manhattan at 31 Chambers Street — while always telling you when your facts point to a different county. That disambiguation is the most useful thing a “New York probate” resource can do.

Who this hub serves

Whether you are an executor named in a will, a relative who needs Letters of Administration because there was no will, or a New Yorker planning ahead so your family avoids a contested mess, this hub orients you. It is built for the reality of New York estates: high-value co-op shares and condos in Manhattan, real property across the outer boroughs, and the recurring question of which county your matter belongs in.

The informational pillars — where to go next

• How probate works in New York, step by step — petition, citation, Letters Testamentary, accounting, and timelines.
• The New York County Surrogate’s Court (and how to find yours) — jurisdiction, 31 Chambers Street, NYSCEF e-filing, and venue by domicile.
• Executor and administrator duties under NY law — marshaling assets, SCPA 2307 commissions, creditor claims, and personal liability.
• Contested estates and will contests — standing, grounds, and SCPA 1404 examinations.
• Wills in New York — EPTL 3-2.1 execution requirements and what happens if you die intestate.
• Trusts and probate avoidance — revocable living trusts, Medicaid asset protection, and EPTL 7-1.12 trusts holding co-op shares.
• Estate taxes and the NY “cliff” — the 105% rule that can tax the whole estate, not just the excess.

How probate works in New York at a glance

1. Locate the original will and the death certificate.
2. File a probate petition in the decedent’s county of domicile (SCPA 1402).
3. Notify distributees by citation so the court has jurisdiction over heirs.
4. The Surrogate issues Letters Testamentary, the document that empowers the executor.
5. Marshal assets, pay debts and taxes, then distribute to beneficiaries.
6. Account to the beneficiaries (informally or judicially) and close the estate.

For the full sequence with documents and fees, read our step-by-step New York probate guide. For the deepest local detail, see the complete New York probate and estate guide.

Local court & statute snapshot

Governing statutes: EPTL (substantive) and SCPA (procedure). Venue rule: SCPA 205-206 — file in the county of the decedent’s domicile. Literal “New York County” court: New York County Surrogate’s Court, 31 Chambers Street, New York, NY 10007 (Manhattan). E-filing: All five NYC Surrogate’s Courts use NYSCEF; small estates under $50,000 may use voluntary administration (SCPA Article 13).

Common questions

Is there one “New York” probate court? No. Venue follows the decedent’s county of domicile under SCPA 205-206. See the full FAQ.

How long does probate take in New York? Uncontested estates often run several months to over a year, longer in high-volume city courts. See the probate process.

Do I always need probate? Not if assets pass by trust, joint ownership, or beneficiary designation, or if the estate qualifies as a small estate. See trusts and the FAQ.

About this resource

This site is published by Morgan Legal Group and reflects the New York estate and probate practice of attorney Russel Morgan. We focus exclusively on New York’s EPTL and SCPA, the Surrogate’s Courts, and the practical realities of settling and planning estates in the five boroughs and beyond. Learn more on our about page.

Talk it through

If you are unsure which county your matter belongs in or where to begin, a short conversation usually saves weeks. Book a 30-minute consultation with Russel Morgan — informational, no obligation. Or visit our contact page.