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Orange County, NY Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Orange County Surrogate's Court, serving all of Orange County |
| Courthouse | Orange County Surrogate's Court, 30 Park Place, Goshen, NY 10924 |
| Filing office | The office of the Chief Clerk of the Surrogate's Court, at 30 Park Place, Goshen |
| Phone | (845) 476-3655 |
| Fax | (845) 291-2196 |
| [email protected] | |
| Hours | Monday to Friday, 9:00 a.m. to 5:00 p.m.; closed weekends and state 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), verified July 2026). Uniform 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 Orange County only form set |
| E-filing | NYSCEF (New York State Courts Electronic Filing) is mandatory for attorneys in probate, administration, small estate, accounting, and miscellaneous proceedings commenced on or after February 16, 2021, and consensual (voluntary) for guardianship proceedings. A self-represented filer is exempt from e-filing but may choose to participate, or 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 | An uncontested probate or administration is often decided on the papers; confirm the format and date for any appearance with the assigned Surrogate's part |
| Website | https://www.nycourts.gov/courts/orange-county-surrogates-court-0 |
Before you begin — know the assets and liabilities
The most common Orange 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 Orange County 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 Orange 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 Orange County Surrogate's Court serves all of Orange County, the Hudson Valley county northwest of New York City. Every Orange County probate and administration is filed here, at the office of the Chief Clerk of the Surrogate's Court, 30 Park Place in Goshen, the county seat, which serves the county's cities and towns, among them Middletown, Newburgh, Port Jervis, Warwick, Monroe, Chester, Montgomery, New Windsor, Wallkill, Cornwall, and Woodbury. 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. So the estate of an Orange County resident, or one holding Orange County real property, is filed at this courthouse.
Orange County is one of the five counties in the Ninth Judicial District, along with Westchester, Dutchess, Putnam, and Rockland, but probate is still filed in the decedent's own county Surrogate's Court, not in the district. The court publishes its own e-filing protocol and local practice on its nycourts.gov page. The Surrogate is elected and the court's judges 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 Orange County Surrogate's Court is the right court when the decedent was domiciled in Orange County at death (SCPA 205). The court accepts filings only for decedents who resided in Orange 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.
- Run a name inquiry and gather what the court needs. Before an initial filing, run an inquiry on the decedent's last name, using the first initial, so you do not duplicate a file that is already open, and contact the court to check whether a will is on file for safekeeping. Gather 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. NYSCEF e-filing is mandatory for attorneys in probate, administration, small estate, accounting, and miscellaneous proceedings commenced on or after February 16, 2021, and consensual for guardianship; a self-represented filer is exempt but may opt in, or file on paper in person or by mail at 30 Park Place, Goshen. If you e-file, scan the original will without removing its staples and file the original paper will with the court within two business days, and file a certified death certificate in hard copy 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 card fee, or at the court. A filing paid at the court is not treated as filed until payment is received, and the court deletes the filing if payment is not made within two business days of e-filing.
- Give notice to the distributees. File their signed waivers and consents, or submit a proposed citation through NYSCEF; the court completes the citation and posts it, and you then print and serve it under the SCPA, along with the notice of commencement or notice of availability of electronic filing.
- 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 Surrogate. 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). Letters and certificates are provided in hard copy, mailed to the filer in a self-addressed stamped envelope, by regular mail, or released to a messenger. A certified copy of the letters is the proof banks and transfer agents rely on, so request enough certified copies for the institutions involved.
- 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.
Forms and documents
Probate forms in Orange County
New York uses one statewide set of official Surrogate's Court forms, and the same forms are filed in Orange County as in every other county's Surrogate's Court; there is no separate Orange 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.
Orange takes these forms through NYSCEF, which is mandatory for attorneys in probate, administration, small estate, accounting, and miscellaneous proceedings and consensual for guardianship, or on paper at the Chief Clerk's office in Goshen. Each e-filing begins with a Request for Surrogate's Court Action as the first document uploaded. The original will is not left to an upload alone: if you e-file, scan the will without removing its staples and file the original paper will with the court within two business days.
Local nuance
Orange County-specific considerations
E-filing is mandatory for attorneys, and it reaches small estates too. NYSCEF e-filing in the Orange County Surrogate's Court is mandatory in probate, administration, small estate, accounting, and miscellaneous proceedings commenced on or after February 16, 2021. This is broader than most Surrogate's Courts: unlike the New York County (Manhattan) court, which is consensual across the board, and unlike Westchester, where small estate and guardianship are consensual, Orange makes small estate proceedings mandatory as well. Only guardianship proceedings remain consensual. An attorney may opt out only by certifying a lack of the equipment or knowledge needed to e-file, or for good cause shown.
Self-represented filers are exempt but may participate. An unrepresented litigant is exempt from mandatory e-filing (Uniform Rule 207.4-aa(e)(1); CPLR 2111) and may file on paper in person or by mail, but may also choose to opt into NYSCEF. A self-represented person in a consensual proceeding is not required to file a declination of consent or to attach a hard-copy submission notice to paper filings.
Run a name inquiry before you open a matter. Before an initial filing, 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. You must also contact the court to check whether a will is on file for safekeeping. The case name is entered to match the signature on the will, and a different name on the death certificate is entered as an also-known-as.
Original wills and death certificates travel on paper. Even when a proceeding is e-filed, the original will must be scanned without removing its staples and the paper original filed with the court within two business days, and a certified copy of the death certificate must be filed in hard copy within two business days. Attach a copy of the e-filing receipt to the paper will and death certificate when you submit them. Court-issued letters and certificates are provided in hard copy, by self-addressed stamped envelope, regular mail, or messenger.
Filings paid at the court are deleted if payment does not arrive in time. Fees are calculated under SCPA 2402 from the documents filed and the stated size of the estate. You may pay by credit card through NYSCEF, entering the card information with each filing, or pay at the court. A filing paid at the court is not treated as filed until payment is received, and the court deletes the filing if payment is not made within two business days of e-filing, so plan to pay promptly.
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Orange County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | An Orange 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 Orange County Surrogate's Court, where NYSCEF is mandatory for an attorney handling either proceeding. | 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 Orange County probate attorney if the estate is contested or complex. |
| Out-of-state adult child, small estate | If the parent was domiciled in Orange County and left a qualifying small estate of limited personal property with no solely owned real 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. Because Orange makes small estate e-filing mandatory for attorneys, a represented estate is filed through NYSCEF; a self-represented out-of-state child is exempt but may still opt into NYSCEF and file without traveling to Goshen, or file on paper by mail. | 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, for a larger estate, 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 Orange 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 Orange County real property before the deed can transfer, and a contested step is heard by the Surrogate. An attorney handling the administration must e-file through NYSCEF. | Asset discovery for the child's accounts and property. Packet generation for the administration petition and the sale papers. A vetted Orange County probate attorney to run the administration and any contested step. |
Self-help resources
| Resource | What it offers |
|---|---|
| Orange County Surrogate's Court (nycourts.gov/courts/orange-county-surrogates-court-0) | The court's own page: address, hours, contact, the e-filing protocol, and local practice |
| 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 and their companions |
| WebSurrogate (websurrogates.nycourts.gov) | The statewide Surrogate's Court public case search; coverage varies by county |
| Legal Services of the Hudson Valley (lshv.org) | Free civil legal help for income-eligible residents of Orange County and the Hudson Valley, including wills and estate matters; central intake 1-877-574-8529 |
| LawHelpNY (lawhelpny.org) | Self-help legal information and routing to legal aid statewide |
| Orange County Bar Association (orangecountybarassociation.org) | Lawyer referral and legal-aid information for an Orange County probate or estate matter |
| Orange County Law Library, Goshen | Public law library access to New York statutes, court rules, and practice materials for self-represented filers |
When to hire an attorney
New York does not require an attorney to file a probate or administration proceeding, and many straightforward Orange County estates are handled with the statewide forms 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 Orange 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. Because e-filing is mandatory for attorneys in most Orange County proceedings, an estate handled by counsel is filed through NYSCEF as a matter of course. Sunset can connect families to a vetted Orange 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, Orange 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 Orange 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 Chief Clerk's office at 30 Park Place, Goshen.
Find a local probate attorney. When an estate is contested, taxable, or otherwise calls for counsel, Sunset connects families to a vetted Orange 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 Orange County?
With the Orange County Surrogate's Court, at the office of the Chief Clerk, 30 Park Place, Goshen, NY 10924. You reach the court at (845) 476-3655. An attorney must e-file most proceedings through NYSCEF; a self-represented filer may e-file, or file on paper in person or by mail. New York has no separate probate court; the Surrogate's Court, one per county, handles estates.
Is e-filing required in the Orange County Surrogate's Court?
For attorneys, yes, in most proceedings. NYSCEF e-filing is mandatory in probate, administration, small estate, accounting, and miscellaneous proceedings commenced on or after February 16, 2021, and consensual for guardianship. Orange is broader than most counties, because it makes small estate proceedings mandatory as well; only guardianship is consensual. A self-represented litigant is exempt from mandatory e-filing but may choose to participate, or file on paper.
How much does it cost to file probate in Orange 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)). NYSCEF adds a card fee for paying by credit card, and a filing paid at the court is deleted if payment is not made within two business days of e-filing.
Can I file an Orange County probate from out of state?
Often, yes. Because Orange County uses NYSCEF, a filer can e-file and correspond electronically without traveling to Goshen. If you e-file, the original paper will must still be filed with the court within two business days, scanned without removing its staples, and a certified death certificate filed in hard copy within two business days. A self-represented filer is exempt from mandatory e-filing but may opt in, or file on paper by mail.
Do I have to appear in person for an Orange County probate?
It depends on the proceeding. 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 Surrogate. Confirm the format for your appearance with the assigned part.
How do I look up an Orange 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 run an inquiry on the decedent's last name so you do not duplicate an open file.
What forms do I use for Orange 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.
How do I file the original will in Orange County?
The original will is filed with the Surrogate's Court. If you e-file the proceeding through NYSCEF, scan the will without removing its staples and file the original paper will with the court within two business days; a certified death certificate must also be filed in hard copy within two business days, with a copy of the e-filing receipt attached. Before opening a matter, run an inquiry on the decedent's last name and contact the court about any will held for safekeeping.
Is there free help with probate in Orange County?
Yes. Legal Services of the Hudson Valley (lshv.org) offers free civil legal help, including wills and estate matters, to income-eligible Orange County residents, and LawHelpNY (lawhelpny.org) offers self-help information online. The Orange County Bar Association (orangecountybarassociation.org) runs a lawyer referral service, and the New York CourtHelp DIY Small Estate program builds the small estate affidavit for a qualifying estate.
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.