1. The Filing County Depends on Domicile and Estate Property
The proper county generally depends on the deceased person's domicile at death. Under Section 205 of the Surrogate's Court Procedure Act (SCPA), a court may have jurisdiction over an estate even when another county is the proper venue.
Five County Courts Serve New York City
Each borough has its own Surrogate's Court. The deceased person's domicile, rather than the executor's address, generally determines venue.
| Borough | Surrogate'S Court |
|---|---|
| Manhattan | New York County |
| Brooklyn | Kings County |
| Queens | Queens County |
| Bronx | Bronx County |
| Staten Island | Richmond County |
Manhattan
- Surrogate'S CourtNew York County
Brooklyn
- Surrogate'S CourtKings County
Queens
- Surrogate'S CourtQueens County
Bronx
- Surrogate'S CourtBronx County
Staten Island
- Surrogate'S CourtRichmond County
Domicile is a person's permanent legal home. If disputed, residence records, tax filings, and evidence of intent may help establish it.
Nonresident Estates Follow Separate Venue Rules
SCPA § 206 governs estates of people domiciled outside the state who left property within it. Filing location depends on statutory criteria, including property location. An ancillary proceeding may also be necessary if administration began elsewhere.
2. The Will and Estate Assets Determine the Type of Proceeding
The applicable procedure depends on the will, estate value, and how assets are owned. Not every asset requires Surrogate's Court administration.
Probate Requires a Will and Court Approval
In probate, the court decides whether to admit a will. If it appoints a qualified executor, it issues Letters Testamentary authorizing estate administration. See probate administration for the executor's broader duties.
Administration Applies When There Is No Valid Will
Without a valid will, an eligible applicant may request Letters of Administration. SCPA § 1001 generally gives appointment priority to the surviving spouse, followed by children, subject to eligibility and statutory exceptions. Who inherits is a separate question governed by intestate succession.
Small Estates May Qualify for Voluntary Administration
SCPA § 1301 permits voluntary administration for qualifying personal property worth $50,000 or less, excluding property set aside under EPTL § 5-3.1(a). It may apply with or without a will. Under SCPA § 1302, the procedure cannot administer an interest in real property, although owning real estate does not itself bar voluntary administration of eligible personal property.
Certain Assets May Transfer Outside Probate
Beneficiary-designated accounts, property held in certain trusts, and qualifying jointly owned assets may pass without probate. The account or ownership documents control. Assets outside probate may still count toward federal estate-tax calculations; federal tax obligations are separate from state court procedures.
3. Court Petitions Require Supporting Documents and Filing Fees
Applicants must choose the correct petition, identify interested parties, and provide supporting records. Statewide rules apply, but county filing protocols may differ.
Required Documents Depend on the Petition
A petition typically requires a certified death certificate, information about estate assets, and names and addresses of interested parties. Probate also requires the original will. SCPA § 1402 specifies information required in probate petitions; missing relatives or inconsistent records may prompt additional filings.
Filing Fees Depend on Estate Value
Under SCPA § 2402, ordinary probate and administration filing fees range from $45 to $1,250 based on estate value. Voluntary administration generally costs $1. Certified records, objections, and other filings may carry additional fees.
Electronic Filing Requirements Vary by County
NYSCEF supports electronic submissions, but rules differ by county and case type. Under the 2026 expansion, covered proceedings in Bronx, Kings, Queens, and Richmond Counties require electronic filing. New York County permits electronic filing for eligible proceedings under a separate protocol. Exceptions may apply, including for self-represented parties. Check the county protocol for original-will delivery and other requirements.
4. Notice Requirements and Appointment Rights Depend on Legal Status
Interested parties have different procedural rights. Notice gives qualifying people an opportunity to respond, while separate statutes govern who may administer the estate.
Citations and Waivers Serve Different Purposes
SCPA § 1403 identifies persons who must receive probate process, subject to statutory exceptions. A citation provides notice and an opportunity to appear. A properly executed waiver may dispense with formal service; recipients should review its terms before signing.
Appointment Priority Does Not Determine Inheritance Rights
Serving as administrator does not determine who inherits. Appointment priority and inheritance shares follow separate rules. Where family relationships are disputed, vital records and other evidence may be needed to resolve an heirship claim.
5. Objections and Accountings Address Different Estate Disputes
A will challenge generally arises during probate; disputes about handling estate assets may arise after appointment. Each follows a different procedure.
Probate Objections Must Follow Applicable Deadlines
Under SCPA § 1410, a person whose estate interest would be adversely affected by probate may object. The deadline is generally the process return date or a court-set date; after SCPA § 1404 examinations, objections are generally due within 10 days of completion unless another deadline is set by the parties' stipulation or the court. Grounds may include improper execution, lack of testamentary capacity, fraud, or undue influence. See will contests for the substantive grounds.
Interested Parties May Request a Fiduciary Accounting
SCPA § 2205 permits certain interested persons and creditors to seek an order compelling a fiduciary accounting. The court may also order one on its own initiative. An accounting examines estate transactions and distributions; it does not by itself reopen the will's validity.
20 Oct, 2026
