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New York County, NY Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | New York County Surrogate's Court, serving the borough of Manhattan |
| Courthouse | Surrogate's Courthouse, 31 Chambers Street, New York, NY 10007 |
| Filing office | The office of the Chief Clerk of the Surrogate's Court, at 31 Chambers Street; filings are taken by department: the Probate Department for estates with a will and the Administration Department and Small Estates for estates without a will |
| Phone | Probate Department (decedents leaving a will) (646) 386-5004; Administration Department and Small Estates (no will) (646) 386-5005; general information (646) 386-5000; records searches (646) 386-5090; Help Center (646) 386-5208 |
| Fax | (212) 266-9844 |
| 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; $1 for a small estate handled by voluntary administration (SCPA Article 13). Uniform in every county (SCPA 2402, uniform statewide, verified July 2026) |
| 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 New York County only form set |
| E-filing | NYSCEF (New York State Courts Electronic Filing) is consensual (voluntary) here for probate, administration, small estate, and accounting proceedings and related matters; a filer opts in. Miscellaneous proceedings, motions, and guardianship matters are not e-filed and must be filed on paper, in person or by mail. A self-represented filer may e-file where permitted or file on paper without declining consent |
| 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 |
| Help Center | The Surrogate's Court Help Center, for people who are not represented by an attorney, is in Room 302, open Monday to Friday 9:00 a.m. to 12:00 p.m. and 2:00 p.m. to 4:00 p.m., no appointment, first come first served; (646) 386-5208 |
| Appearances | Citations in administration proceedings are returnable in person, at 10:00 a.m. on Tuesdays and Fridays; confirm the format for any appearance with the assigned Surrogate's part |
| Website | https://www.nycourts.gov/courts/1st-judicial-district/new-york-county-surrogates-court |
Before you begin — know the assets and liabilities
The most common New York 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 Manhattan apartment 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, cooperative or condominium interest, and parcel of New York 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. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The New York County Surrogate's Court serves the borough of Manhattan, which is coextensive with New York County. Every Manhattan probate and administration is filed here, at the office of the Chief Clerk of the Surrogate's Court in the Surrogate's Courthouse, 31 Chambers Street. 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 only for decedents who resided in New York County, or who left property or a cause of action here, so the estate of a Manhattan resident, or one holding Manhattan real property, is filed at this courthouse.
New York County is one of the busiest Surrogate's Court dockets in the state and one of the few counties, along with Kings County (Brooklyn), with two sitting Surrogates. The court runs dedicated departments that take filings by proceeding type, a Help Center for self-represented filers, and a records room, and it publishes its own e-filing protocol and part rules on its nycourts.gov page.
The jurisdiction process
- Confirm venue. The New York County Surrogate's Court is the right court when the decedent was domiciled in New York County (Manhattan) at death (SCPA 205). The court accepts filings only for decedents who resided in New York County or who left property or a cause of action here; an out-of-state will already admitted elsewhere is handled by an ancillary proceeding (SCPA 206).
- 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. A will goes to the Probate Department (646) 386-5004; a no-will estate goes to the Administration Department and Small Estates (646) 386-5005. You may e-file through NYSCEF, which is consensual here, or file on paper in person or by mail at 31 Chambers Street. If you e-file, the original will must be scanned without being unstapled and then mailed to the court within two business days, and a certified death certificate must be mailed 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; a small estate handled by voluntary administration is $1 (SCPA 2402, uniform statewide, verified July 2026). Pay by credit card through NYSCEF (which adds an administrative fee), by attorney or bank check or money order mailed to the court, or at the Cashier (646) 386-5006.
- Give notice to the distributees. File their signed waivers and consents, or submit a proposed citation through NYSCEF or on paper and the court completes and issues it. Citations in administration proceedings are returnable in person at 10:00 a.m. on Tuesdays and Fridays.
- 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 one of the two Surrogates. Confirm the format and date with the assigned part.
- Receive authority. The court issues Letters Testamentary (with a will), Letters of Administration (no will), or Letters of Voluntary Administration (small estate). A certified copy of the letters is the proof banks and transfer agents rely on; letters are mailed to the filer in a self-addressed stamped envelope.
- 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 proceeding may be e-filed, but working copies are required for e-filed documents over 25 pages.
Forms and documents
Probate forms in New York County
New York uses one statewide set of official Surrogate's Court forms, and the same forms are filed in New York County as in every other county's Surrogate's Court; there is no separate New York 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 and, for the five boroughs, the New York City Surrogate's Court forms page. 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.
New York County takes these forms at the Probate Department counter for a will or the Administration Department and Small Estates counter for a no-will estate, through NYSCEF where e-filing is permitted, or by mail. The original will is not left to an upload alone: if you e-file, scan the will without unstapling it and mail the original paper will to the court within two business days.
Local nuance
New York County-specific considerations
Two Surrogates and a high-volume docket. New York County has two Surrogates, a distinction it shares with Kings County (Brooklyn), and it carries one of the busiest probate and administration dockets in the state. Citations in administration proceedings, whether before either Surrogate, are returnable in person at 10:00 a.m. on Tuesdays and Fridays. The Surrogates are elected and change over time, so this page refers to the Surrogate's Court and the assigned part rather than to the sitting judges.
E-filing is consensual, with paper carve-outs. NYSCEF e-filing in the New York County Surrogate's Court is consensual, not mandatory: it is available for probate, administration, small estate, and accounting proceedings and related and subsequent matters, and a filer opts in. Miscellaneous proceedings, motions, and guardianship matters are not e-filed and must be filed on paper, in person or by mail, with the Miscellaneous Department and Calendar Clerk (646) 386-5001. A self-represented filer may file on paper without declining consent.
Original wills and death certificates travel on paper. Even when a proceeding is e-filed, the original will must be scanned without being unstapled and then mailed to the court within two business days, and a certified copy of the death certificate must be mailed within two business days. Court-issued letters and certificates are mailed back to the filer in a self-addressed stamped envelope.
A walk-in Help Center for people without a lawyer. The Surrogate's Court Help Center, in Room 302, gives self-represented filers information on procedure and the law, the required forms, and referrals. It is open Monday to Friday from 9:00 a.m. to 12:00 p.m. and 2:00 p.m. to 4:00 p.m., no appointment, first come first served, and can be reached at (646) 386-5208. Staff give procedural help, not legal advice.
A public record room and a search-first practice. Before opening a new matter, the court asks filers to search the decedent's last name to see whether a file is already open and whether another will is on file, because the court's numbering system makes a search by file number alone unreliable. The record room is open to the public Monday to Friday, 9:00 a.m. to 4:45 p.m.; to order a record search or certification, call Records Search and Certifications at (646) 386-5090.
Filings are routed by department. The court takes filings by proceeding type: the Probate Department (646) 386-5004 for estates with a will, the Administration Department and Small Estates (646) 386-5005 for estates without a will, the Accounting Department (646) 386-5002, the Cashier and Certificates counter (646) 386-5006, and the Guardian and Adoption Department (646) 386-5003. Send each filing to the department that handles it.
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in New York County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | A Manhattan apartment or 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 New York County Surrogate's Court. | 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. A vetted New York County probate attorney if the estate is contested or complex. |
| Out-of-state adult child, small estate | If the parent was domiciled in Manhattan 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, and the CourtHelp DIY Small Estate program builds the form. Because NYSCEF e-filing is available here on a consensual basis, the child can often file from out of state without traveling to New York. 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, formatted for NYSCEF. 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 New York 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 New York County real property before the deed can transfer, and a contested step is heard by a Surrogate. | Asset discovery for the child's accounts and property. Packet generation for the administration petition and the sale papers. A vetted New York County probate attorney to run the administration and any contested step. |
Self-help resources
| Resource | What it offers |
|---|---|
| New York County Surrogate's Court (nycourts.gov/courts/1st-judicial-district/new-york-county-surrogates-court) | The court's own page: address, hours, department contacts, the e-filing protocol, part rules, and the 2026 calendar |
| Surrogate's Court Help Center, Room 302 (646) 386-5208 | Walk-in help for self-represented filers with procedure, forms, and referrals; Monday to Friday, 9:00 a.m. to 12:00 p.m. and 2:00 p.m. to 4:00 p.m., first come first served |
| 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, plus the New York City Surrogate's Court forms page for the five boroughs |
| WebSurrogate (websurrogates.nycourts.gov) | The statewide Surrogate's Court public case search; coverage varies by county |
| LawHelpNY (lawhelpny.org) | Self-help legal information and routing to legal aid statewide |
| Volunteers of Legal Service and NYLAG (volsprobono.org; nylag.org) | Free civil legal help for income-eligible New York City residents, including estate and probate matters |
| New York County Public Administrator (nyc.gov/site/nycountypa) (212) 788-8430, Room 311 | Administers estates of Manhattan decedents who leave unknown heirs or where no eligible person will serve |
When to hire an attorney
New York does not require an attorney to file a probate or administration proceeding, and many straightforward Manhattan estates are handled with the statewide forms, the Help Center, and the DIY Small Estate program. 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 New York County real property, a cooperative, or a condominium 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. New York County estates skew larger and more contested than most, so counsel is common here. Sunset can connect families to a vetted New York 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, New York County real estate and cooperative interests, business interests, and unclaimed property, so you know the estate's value and can pick the right New York proceeding before you file in the estate settlement process.
Generate the probate packet. Sunset assembles the New York 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 at 31 Chambers Street.
Find a local probate attorney. When an estate is contested, taxable, or otherwise calls for counsel, Sunset connects families to a vetted New York 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 New York County (Manhattan)?
With the New York County Surrogate's Court, at the office of the Chief Clerk in the Surrogate's Courthouse, 31 Chambers Street, New York, NY 10007. A will goes to the Probate Department at (646) 386-5004; a no-will estate goes to the Administration Department and Small Estates at (646) 386-5005. You may e-file through NYSCEF, which is consensual here, or file on paper in person or by mail.
Is e-filing required in the New York County Surrogate's Court?
No. NYSCEF e-filing is consensual, not mandatory, in the New York County Surrogate's Court. It is available for probate, administration, small estate, and accounting proceedings and related matters, and a filer opts in. Miscellaneous proceedings, motions, and guardianship matters are not e-filed and must be filed on paper, in person or by mail. A self-represented filer may file on paper without declining consent.
How much does it cost to file probate in New York 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. NYSCEF adds an administrative fee for paying the filing fee by credit card.
How many Surrogates does New York County have?
Two. New York County has two Surrogates, a distinction it shares with Kings County (Brooklyn), reflecting the size of its docket. The Surrogates are elected and change over time, so this page refers to the court and the assigned part rather than to the sitting judges; a contested matter is heard by the assigned Surrogate's part.
Do I have to appear in person for a New York County probate?
It depends on the proceeding. An uncontested probate or administration is often decided on the papers. Citations in administration proceedings are returnable in person at 10:00 a.m. on Tuesdays and Fridays, and a contested matter is heard by one of the two Surrogates. Confirm the format for your appearance with the assigned part.
How do I look up a New York 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. To search older records or order a certified record, call Records Search and Certifications at (646) 386-5090.
What forms do I use for New York 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.
Is there free help with probate in New York County?
Yes. The Surrogate's Court Help Center, in Room 302, helps people who are not represented by an attorney with procedure, forms, and referrals, Monday to Friday from 9:00 a.m. to 12:00 p.m. and 2:00 p.m. to 4:00 p.m., no appointment, first come first served, at (646) 386-5208. It gives procedural help, not legal advice. LawHelpNY (lawhelpny.org) offers self-help information online.
How do I file the original will in New York County?
The original will is filed with the Probate Department. If you e-file the proceeding through NYSCEF, scan the will without unstapling it and mail the original paper will to the court within two business days; a certified copy of the 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.