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Nassau County, NY Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Nassau County Surrogate's Court, serving all of Nassau County |
| Courthouse | Nassau County Courthouse, 262 Old Country Road, Mineola, NY 11501 |
| Filing office | The office of the Chief Clerk of the Surrogate's Court, at 262 Old Country Road; filings are taken by department, the Probate Department for an estate with a will and the Administration Department (with Small Estates) for an estate without a will |
| Phone | General information (516) 493-3800; Chief Clerk (516) 493-3805; Probate Department (decedent left a will) (516) 493-3772; Administration Department (no will) (516) 493-3777; Small Estates (516) 493-3779; Records Department (516) 493-3821 |
| Hours | Monday to Friday, 9:00 a.m. to 5:00 p.m.; closed weekends and court holidays |
| Filing fee | Set by statute on a sliding scale keyed to the value of the estate, from $45 for an estate under $10,000 to $1,250 for an estate of $500,000 or more (SCPA 2402, uniform statewide, verified July 2026); $1 for a small estate handled by voluntary administration (SCPA 1304(4), Article 13). The fee is the same in every county |
| Local forms | New York uses one statewide set of official Surrogate's Court forms in every county, including Form P-1 (Petition for Probate) and Form A-1 (Petition for Letters of Administration); the small estate document is the Affidavit of Voluntary Administration. There is no Nassau County only form set |
| E-filing | Mandatory. Since December 22, 2021, NYSCEF (New York State Courts Electronic Filing) e-filing is mandatory in the Nassau County Surrogate's Court for probate, administration, voluntary administration (small estate), and miscellaneous proceedings; accounting and guardianship matters may be e-filed but are not required. An attorney who lacks the equipment or knowledge may opt out for good cause; a self-represented filer is exempt and may file on paper, in person or by mail |
| Case search | WebSurrogate, the statewide Surrogate's Court case search at websurrogates.nycourts.gov (coverage varies by county); e-filed cases also appear in the NYSCEF case search at iapps.courts.state.ny.us/nyscef/CaseSearch |
| Appearances | Adjournments and conference requests are made by email to the Calendar Clerk ([email protected]), not through NYSCEF; confirm the format for any appearance with the assigned Surrogate's part |
| Website | https://www.nycourts.gov/courts/10th-jd-nassau/nassau-county-surrogates-court |
Before you begin — know the assets and liabilities
The most common Nassau County misstep is filing before you know what the estate holds and which proceeding fits. New York has three ordinary paths: a probate proceeding when there is a will (Surrogate's Court Procedure Act, SCPA, Article 14), an administration proceeding when there is no will (SCPA Article 10), and voluntary administration for a qualifying small estate (SCPA Article 13, SCPA 1301). Which one applies turns on whether there is a will and on the value and type of the assets; the statewide thresholds are covered on the New York state page. A jointly owned Long Island home or a beneficiary-designated account often passes outside the estate, so the estate that actually goes through the Surrogate's Court can be smaller than the family expects.
Before you file, identify every bank, credit-union, brokerage, and retirement account, life-insurance policy, and parcel of Nassau County real estate, along with every debt, and identify each distributee (the decedent's heirs at law) by name. Only then can you pick the right proceeding, calculate the correct filing fee, and decide whether counsel is needed. Because Nassau is a mandatory e-filing court, an attorney will open the matter through NYSCEF; a self-represented filer who prefers paper should have the full picture in hand first. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Nassau County Surrogate's Court serves all of Nassau County, the Long Island county immediately east of New York City, including the Towns of Hempstead, North Hempstead, and Oyster Bay and the Cities of Glen Cove and Long Beach. Every Nassau County probate and administration is filed here, at the office of the Chief Clerk of the Surrogate's Court in the Nassau County Courthouse, 262 Old Country Road in Mineola. Under New York's venue rule, the proper county is the one where the decedent was domiciled at death (SCPA 205); for a decedent who was not a New York domiciliary but left property in the state, venue lies where the property is located (SCPA 206), which is the basis for an ancillary proceeding. The court accepts filings for decedents who lived in Nassau County, or who left property or a cause of action here, so the estate of a Nassau County resident, or one holding Nassau County real property, is filed at this courthouse.
Nassau County carries one of the highest-volume Surrogate's Court dockets in the state. The court runs dedicated departments that take filings by proceeding type, requires e-filing for the main estate proceedings, and publishes its own e-filing protocol and part rules on its nycourts.gov page. The Surrogate is an elected officer and the assignments change over time, so this page refers to the Surrogate's Court and the assigned part rather than to the sitting judge.
The jurisdiction process
- Confirm venue. The Nassau County Surrogate's Court is the right court when the decedent was domiciled in Nassau County at death (SCPA 205). The court accepts filings for decedents who lived in the county or who left property or a cause of action here; a will already admitted in another state is handled by an ancillary proceeding (SCPA 206).
- Search before you open a matter. Nassau's protocol asks every filer, as an essential first step, to run an inquiry on the decedent's last name using the first initial to see whether a file is already open, because the court's numbering system makes a search by file number alone unreliable, and to contact the court about whether another will is on file for safekeeping.
- Choose the proceeding and the form. With a will, the named executor files Form P-1, the petition for probate, and the court issues Letters Testamentary (SCPA Article 14). With no will, a distributee files Form A-1, the petition for letters of administration, and the court issues Letters of Administration to the administrator; priority to serve is set by SCPA 1001 (SCPA Article 10). A qualifying small estate uses the Affidavit of Voluntary Administration (SCPA Article 13, SCPA 1301). The statewide thresholds are on the New York state page.
- Gather what the court needs: the original will (if any), a certified copy of the death certificate, a list of the estate's assets and debts, and the names and addresses of the distributees. Notice is given either by their signed waivers and consents or by a citation the court issues.
- File with the Surrogate's Court, by department. In Nassau, probate, administration, voluntary administration, and miscellaneous proceedings are mandatory e-filing matters: an attorney files through NYSCEF, uploading the Request for Surrogate's Court Action as the first document and the petition as the second. A self-represented filer is exempt and may e-file or file on paper, in person or by mail. If you e-file, scan the original will without unstapling it and mail the paper original to the court within two business days, and mail the original death certificate within two business days.
- Pay the filing fee. The fee is set by statute on a sliding scale keyed to the estate's value, from $45 for an estate under $10,000 to $1,250 for an estate of $500,000 or more (SCPA 2402, uniform statewide, verified July 2026); a small estate handled by voluntary administration is $1 (SCPA 1304(4)). Pay by credit card through NYSCEF, which adds a non-refundable service fee of 2.99% of the payment, or by attorney check, certified check, postal money order, or cash at the court, in person or by mail. A filing paid at the court is not complete until payment is received, and the court deletes the filing if payment is not made within five business days.
- Give notice to the distributees. File their signed waivers and consents, or e-file a proposed citation through NYSCEF; the court completes and posts the citation, and you then print and serve it in accordance with the SCPA. Adjournments and conference requests go by email to the Calendar Clerk at [email protected], not through NYSCEF.
- Attend if a hearing is set. An uncontested probate or administration is often decided on the papers; a contested matter, such as an objection to probate (SCPA 1410), is heard by the assigned Surrogate's part. Confirm the format and date with the part.
- Receive authority. The court issues Letters Testamentary (with a will), Letters of Administration (no will), or Letters of Voluntary Administration (small estate). Original court-issued letters and certificates are mailed to the filer in hard copy, so include a pre-paid self-addressed envelope with your request. A certified copy of the letters is the proof banks and transfer agents rely on.
- Administer and close. Collect the assets, address creditor claims (a fiduciary who distributes more than seven months after letters were issued is protected against claims that were not presented within that seven-month window (SCPA 1802)), account to the interested parties, and distribute. An accounting may be e-filed, and the court requires hard-copy working copies of certain e-filed documents, including non-guardianship accountings and motions.
Forms and documents
Probate forms in Nassau County
New York uses one statewide set of official Surrogate's Court forms, and the same forms are filed in Nassau County as in every other county's Surrogate's Court; there is no separate Nassau County form set. The load-bearing filings are Form P-1, the Petition for Probate, used when there is a will, and Form A-1, the Petition for Letters of Administration, used when there is no will. A qualifying small estate is filed on the Affidavit of Voluntary Administration, also called the small estate affidavit. Common companions include the notice of probate, waivers and consents, and the affidavits of attesting witnesses.
The official forms are published on the statewide Surrogate's Court forms hub at nycourts.gov/surrogates-court-forms. Self-represented filers can also use the New York CourtHelp Do-It-Yourself (DIY) Form programs; the Small Estate DIY program builds a completed Affidavit of Voluntary Administration for a qualifying estate.
Because Nassau is a mandatory e-filing court, an attorney files these forms through NYSCEF, with the Request for Surrogate's Court Action uploaded first and the petition second. A self-represented filer may e-file or file on paper at the Probate or Administration Department counter or by mail. The original will is not left to an upload alone: if the proceeding is e-filed, scan the will without unstapling it and mail the original paper will to the court within two business days.
Local nuance
Nassau County-specific considerations
E-filing is mandatory, not optional. Since December 22, 2021, NYSCEF e-filing has been mandatory in the Nassau County Surrogate's Court for administration, voluntary administration (small estate), probate, and miscellaneous proceedings. Accounting and guardianship proceedings may be e-filed but are not required. An attorney who certifies a lack of the equipment or knowledge to e-file may opt out for good cause by filing a Notice of Opt-Out Form with the Clerk. A self-represented (unrepresented) litigant is exempt from mandatory e-filing under Uniform Rule 207.4-aa(e)(1) and may file on paper, in person or by mail. This is different from New York County (Manhattan), where e-filing is consensual.
Filings are routed by department. The court takes filings by proceeding type: the Probate Department (516) 493-3772 for an estate with a will, the Administration Department (516) 493-3777 and Small Estates (516) 493-3779 for an estate without a will, the Accounting Department (516) 493-3791, the Guardianship Department (516) 493-3794, the Miscellaneous Department (516) 493-3788, and the Records Department (516) 493-3821. The general information line is (516) 493-3800, and each department also publishes its own email address on the court's Departments page. Direct each filing and question to the department that handles it.
Search the records before you open a matter. Nassau's protocol makes it an essential step to run an inquiry on the decedent's last name, using the first initial, before starting an initial filing, because the court's numbering system makes a search by file number alone unreliable, and to contact the court about whether another will is on file for safekeeping. The Records Department line is (516) 493-3821.
Original wills and death certificates travel on paper. Even in a mandatory e-filing case, the original will must be scanned without being unstapled and then mailed to the court within two business days, and the original death certificate must be mailed within two business days. Original court-issued letters and certificates are returned to the filer in hard copy by regular mail, so a pre-paid self-addressed envelope should accompany the request.
Calendaring and motions run by email, not NYSCEF. Adjournments and conference requests are made by email to the Calendar Clerk at [email protected] at least 48 hours before a scheduled appearance, and questions on motions go to the Motion Clerk at [email protected]. Motions themselves are e-filed through NYSCEF, with a hard-copy working copy also filed with the court.
A 2.99% fee applies to card payments. When the filing fee is paid by credit card through NYSCEF, the court assesses a non-refundable service fee of 2.99% of the payment amount. A fee paid at the court is not treated as filed until payment is received, and the court will delete a filing if payment is not made within five business days.
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Nassau County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | A Nassau County home held by the spouses jointly with right of survivorship, or as tenants by the entirety, generally passes to the surviving spouse outside the estate; the survivor records or presents the death certificate to transfer title. Accounts and property in the decedent's sole name may still need a probate proceeding (Form P-1) if there is a will, or an administration proceeding (Form A-1) if there is not, filed at the Nassau County Surrogate's Court, through NYSCEF if an attorney handles it. | Asset discovery to separate what passed outside the estate from what did not. Packet generation for the P-1 or A-1 petition and the notice and consent forms, formatted for NYSCEF. A vetted Nassau County probate attorney if the estate is contested or complex. |
| Out-of-state adult child, small estate | If the parent was domiciled in Nassau County and left a qualifying small estate of limited personal property, the child can use voluntary administration (SCPA Article 13, SCPA 1301) on the Affidavit of Voluntary Administration for a $1 filing fee (SCPA 1304(4)), and the CourtHelp DIY Small Estate program builds the form. A self-represented out-of-state child is exempt from mandatory e-filing and can file the small estate by mail, or opt into NYSCEF, without traveling to Mineola. A larger estate is filed as an administration proceeding (Form A-1). | Asset discovery to confirm the estate fits the small estate path and holds no solely owned real property. Packet generation for the Affidavit of Voluntary Administration or the A-1 petition. Attorney referral if the estate turns out to be larger or contested. |
| Parent settling a predeceased child's estate, home must be sold | An administration proceeding at the Nassau County Surrogate's Court. Because there is no will, the parent petitions for letters of administration (Form A-1), with priority among distributees set by SCPA 1001, and the court issues Letters of Administration. The administrator then obtains the authority needed to sell the child's Nassau County real property before the deed can transfer, and a contested step is heard by the assigned Surrogate's part. As a mandatory e-filing matter, an attorney files through NYSCEF. | Asset discovery for the child's accounts and property. Packet generation for the administration petition and the sale papers. A vetted Nassau County probate attorney to run the administration and any contested step. |
Self-help resources
| Resource | What it offers |
|---|---|
| Nassau County Surrogate's Court (nycourts.gov/courts/10th-jd-nassau/nassau-county-surrogates-court) | The court's own page: address, hours, department contacts, the e-filing protocol, part rules, and the court calendar |
| New York CourtHelp, When Someone Dies (nycourts.gov/courthelp/WhenSomeoneDies/overview.shtml and /probate.shtml) | Plain-language statewide overviews of probate, administration, and small estates |
| New York CourtHelp DIY Small Estate program (nycourts.gov/courthelp/diy/smallestate.shtml) | A free guided program that builds a completed Affidavit of Voluntary Administration for a qualifying small estate |
| Statewide Surrogate's Court forms (nycourts.gov/surrogates-court-forms) | The official statewide forms, including Form P-1 and Form A-1, used in every county's Surrogate's Court |
| WebSurrogate (websurrogates.nycourts.gov) | The statewide Surrogate's Court public case search; coverage varies by county |
| Nassau Suffolk Law Services (nslawservices.org) | Free civil legal help for income-eligible Long Island residents, including some estate and probate matters |
| Nassau County Bar Association Lawyer Referral and Information Service (nassaubar.org) | Referral to a Nassau County attorney for a probate or estate matter |
| LawHelpNY (lawhelpny.org) | Self-help legal information and routing to legal aid statewide |
When to hire an attorney
New York does not require an attorney to file a probate or administration proceeding, and many straightforward Nassau County estates are handled with the statewide forms, the CourtHelp overviews, and the DIY Small Estate program. In practice, though, Nassau's mandatory e-filing means most represented estates are opened by counsel through NYSCEF. Counsel makes sense when the will is contested or an interested party files objections to probate (SCPA 1410); when the estate is large, taxable, or holds a business interest or out-of-state property; when Nassau County real property must be sold; when the heirs are unknown or hard to prove and a kinship question arises; or when the fiduciary faces a dispute over accounting or removal. Sunset can connect families to a vetted Nassau County probate attorney when the situation calls for counsel.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit-union accounts, retirement plans, brokerage holdings, life insurance, Nassau County real estate, business interests, and unclaimed property, so you know the estate's value during estate settlement and can pick the right New York proceeding before you file.
Generate the probate packet. Sunset assembles the Nassau County filing: the petition for probate (Form P-1) or letters of administration (Form A-1), or the Affidavit of Voluntary Administration for a small estate, with the notice and consent forms, formatted for NYSCEF or for the Probate or Administration Department counter in Mineola.
Find a local probate attorney. When an estate is contested, taxable, or otherwise calls for counsel, Sunset connects families to a vetted Nassau County probate attorney to file and appear.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Where do I file probate in Nassau County?
With the Nassau County Surrogate's Court, at the office of the Chief Clerk in the Nassau County Courthouse, 262 Old Country Road, Mineola, NY 11501. A will goes to the Probate Department at (516) 493-3772; a no-will estate goes to the Administration Department at (516) 493-3777, with Small Estates at (516) 493-3779. The general information line is (516) 493-3800.
Is e-filing required in the Nassau County Surrogate's Court?
Yes, for most estate matters. Since December 22, 2021, NYSCEF e-filing has been mandatory in Nassau County for probate, administration, voluntary administration (small estate), and miscellaneous proceedings. Accounting and guardianship matters may be e-filed but are not required. An attorney who lacks the equipment or knowledge may opt out for good cause, and a self-represented filer is exempt and may file on paper, in person or by mail.
How much does it cost to file probate in Nassau County?
The filing fee is set by statute on a sliding scale keyed to the value of the estate, from $45 for an estate under $10,000 to $1,250 for an estate of $500,000 or more, and it is the same in every county (SCPA 2402, verified July 2026). A small estate handled by voluntary administration is $1 (SCPA 1304(4)). Paying the fee by credit card through NYSCEF adds a non-refundable service fee of 2.99%.
Do I have to appear in person for a Nassau County probate?
It depends on the proceeding. An uncontested probate or administration is often decided on the papers, and much of the process runs through NYSCEF. A contested matter, such as an objection to probate, is heard by the assigned Surrogate's part. Adjournments and conference requests are made by email to the Calendar Clerk at [email protected]; confirm the format for any appearance with the assigned part.
How do I look up a Nassau County probate case?
Use WebSurrogate, the statewide Surrogate's Court case search at websurrogates.nycourts.gov, though coverage varies by county. E-filed cases also appear in the NYSCEF case search at iapps.courts.state.ny.us/nyscef/CaseSearch. Before opening a new matter, the court asks you to search the decedent's last name so you do not duplicate an open file; the Records Department line is (516) 493-3821.
What forms do I use for Nassau County probate?
The official statewide Surrogate's Court forms, the same set used in every county. The core filings are Form P-1 (Petition for Probate) when there is a will and Form A-1 (Petition for Letters of Administration) when there is not, and the Affidavit of Voluntary Administration for a small estate. They are on the statewide forms hub at nycourts.gov/surrogates-court-forms, and the CourtHelp DIY Small Estate program builds the small estate affidavit.
Can I file a Nassau County small estate from out of state?
Often, yes. A qualifying small estate is handled by voluntary administration on the Affidavit of Voluntary Administration for a $1 filing fee (SCPA 1304(4)), and the CourtHelp DIY Small Estate program builds the form. A self-represented out-of-state filer is exempt from mandatory e-filing and can file the small estate by mail, or opt into NYSCEF, without traveling to Mineola.
How do I file the original will in Nassau County?
The original will is filed with the Probate Department. If the proceeding is e-filed through NYSCEF, scan the will without unstapling it and mail the original paper will to the court within two business days; the original death certificate must also be mailed within two business days. Before opening a matter, search the decedent's last name in the court's records so you do not duplicate an open file.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.