If you are handling — or planning — an estate in New York, the first thing to know is that “New York probate” is not one process in one court; it is 62 county Surrogate’s Courts, and the case is filed in the county where the decedent was domiciled (SCPA 205-206). This guide ties the whole picture together: how venue is set, how property realities differ between the city, Long Island, the suburbs, and upstate, and how a real estate moves from filing to distribution. It is the resource for the New Yorker who isn’t sure where to even begin.
Most legal pages about “New York” quietly assume Manhattan. This one doesn’t. New York State runs from Montauk to Buffalo, and the right court for your estate could be in Mineola, Riverhead, Brooklyn’s Civic Center, White Plains, Albany, Rochester, or any of 62 county seats. Domicile decides.
How venue works statewide
The rule (SCPA 205-206): a New York estate is filed in the Surrogate’s Court of the county where the decedent was domiciled — their fixed, permanent home — at death. When a non-domiciliary owns property in New York, an ancillary proceeding under SCPA 206 can be brought in the county where that property sits.
There is no statewide Surrogate’s Court and no choosing a convenient county. Two governing statutes run the whole system: the EPTL (substance — who inherits, what a will must contain) and the SCPA (procedure — how you file and prove it).
Verified court details (representative county courts)
| Court | Address | County served |
|---|---|---|
| New York County Surrogate’s | 31 Chambers Street, New York, NY 10007 | Manhattan |
| Kings County Surrogate’s | 2 Johnson Street, Brooklyn, NY 11201 | Brooklyn |
| Nassau County Surrogate’s | 262 Old Country Road, Mineola, NY 11501 (516-493-3800) | Nassau |
| Suffolk County Surrogate’s | 320 Center Drive, Riverhead, NY 11901 (631-852-1745) | Suffolk |
Every one of the 62 counties has its own Surrogate’s Court at its county seat. Confirm the specific court address and contact for any county not listed here.
Property realities differ across New York
New York’s regions present genuinely different estate problems:
- New York City (five boroughs): estates are dominated by co-op apartments (the decedent owns shares plus a proprietary lease, not real property) and high-value condos. Co-op transfers require dealing with a board and managing agent; high values frequently trigger the estate-tax cliff. Each borough is its own county — Manhattan, Kings (Brooklyn), Queens, Bronx, Richmond (Staten Island).
- Long Island (Nassau and Suffolk): dominated by single-family homes (real property, not shares), plus boats, small businesses, and East-End second homes. Note: Long Island is two courts, and Suffolk’s court in Riverhead is a real travel haul for western Suffolk residents.
- The suburbs (Westchester, Rockland, Putnam, Orange): appreciated single-family homes that can push estates over the NY exemption.
- Upstate (Albany, Erie, Monroe, Onondaga and beyond): lower-volume courts, more farmland, closely held businesses, and faster calendars than the metro courts.
Local filing realities
- E-filing (NYSCEF): available in many counties; confirm whether the county of domicile mandates, permits, or lacks it.
- Filing fees: graduated by estate value statewide under SCPA 2402 (from roughly $45 to $1,250 — see the probate process page).
- Help centers: most courts run a pro-se help center with varying hours.
- Timelines: an uncontested estate runs roughly 7–12 months, longer in high-volume metro courts (Kings, Queens) than in rural counties.
Three statewide quirks worth weaving in
- No transfer-on-death deeds. New York does not allow TOD deeds for real property, so a home passes through the estate (or a trust) — making trusts especially valuable for real-property owners.
- Multi-county estates need ancillary filings. Own property in two counties, and you may face a primary probate plus a SCPA 206 ancillary proceeding — a strong argument for a funded trust.
- The cliff is statewide but value-driven. The estate-tax cliff applies everywhere, but only bites where property values are high — disproportionately downstate and on Long Island.
A worked New York example
Helen, a widow domiciled in Nassau County, dies owning a Garden City single-family home, a brokerage account, and a small condo in Suffolk County she rented out. Her executor files probate in the Nassau County Surrogate’s Court at 262 Old Country Road in Mineola (her county of domicile, SCPA 205), proves her EPTL 3-2.1–compliant will, and obtains letters testamentary. Because the Suffolk condo is New York property in another county, no separate ancillary proceeding is needed — Helen was a New York domiciliary, so her single Nassau probate reaches both. The executor marshals the assets, pays debts (SCPA 1802), files the New York estate-tax return (the appreciated home plus the brokerage account put her near the exemption — the cliff must be checked), and distributes. Had Helen instead been a Florida resident owning only the Suffolk condo, her New York property would require an ancillary SCPA 206 proceeding in the Suffolk County Surrogate’s Court in Riverhead.
Mini-FAQ: statewide
Which New York county handles my relative’s estate? The county where they were domiciled at death, under SCPA 205 — regardless of where their property is located.
Is there one Surrogate’s Court for all of New York? No — 62 county courts. “New York State probate” is county-based.
What if the decedent owned property in several New York counties? A New York domiciliary’s single home-county probate generally reaches their New York property statewide; non-residents’ New York property may need an ancillary proceeding (SCPA 206).
Does New York have transfer-on-death deeds? No. Real property passes through the estate or a trust — there is no TOD deed for New York real estate.
Where to get help
Start by confirming the county of domicile, then the rest follows. For a quick orientation on your specific county and assets, book a 30-minute consultation with Russel Morgan: calendly.com/russel-morgan/30min. Explore the pillars: probate process, Surrogate’s Court, executor duties, wills, trusts, and the FAQ.