Back to New York
Queens County, NY Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Queens County Surrogate's Court, serving the borough of Queens |
| Courthouse | 88-11 Sutphin Boulevard, Jamaica, NY 11435 |
| Filing office | The office of the Chief Clerk of the Surrogate's Court, at 88-11 Sutphin Boulevard. New proceedings are commenced by e-filing through NYSCEF; the court answers status and department questions by e-mail, not at a public counter phone |
| Phone | Clerk's Office (718) 298-0500 |
| Department contacts (by e-mail) | Probate [email protected]; Administration and small estates (SCPA Article 13) [email protected]; Accounting [email protected]; Guardianship and Adoption [email protected]; Miscellaneous [email protected]; Help Center [email protected]; general correspondence [email protected]; calendar, appearance, and adjournment requests [email protected] |
| Hours | Monday to Friday, 9:00 a.m. to 5:00 p.m.; the cashier accepts payments from 9:00 a.m. to 12:45 p.m. and from 2:00 p.m. to 3:45 p.m., so plan any filing that needs an in-person payment around that midday closure; closed weekends and court holidays. The court does not process requests sent by fax |
| 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). A small estate handled by voluntary administration is $1 (SCPA 1304(4)). The schedule is 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. Queens also posts local citation, decree, and accounting forms on its Local Forms page, but there is no Queens only petition form set |
| E-filing | NYSCEF (New York State Courts Electronic Filing) is mandatory for attorneys in probate, administration, accounting, miscellaneous, and guardianship proceedings and all related and subsequent matters, including small estates, for new proceedings commenced on or after March 2020 (Uniform Rules 207.4-a and 207.4-aa). An attorney may opt out only by certifying a lack of the equipment or knowledge to e-file, or for good cause; a self-represented filer is exempt and may file on paper or choose to e-file |
| 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 |
| Calendar days | The court hears the Preliminary Conference Calendar on Mondays, the Pre-Trial Conference Calendar on Tuesdays, Guardianship and Adoption matters on Wednesdays, and the Process and Motion Calendars on Thursdays, each at 9:30 a.m.; trials are scheduled 15 days after a note of issue is filed |
| Appearances | A virtual clerk conference may be requested; confirm the format for any appearance with the assigned part |
| Website | https://www.nycourts.gov/courts/11th-judicial-district/queens-county-surrogates-court |
Before you begin — know the assets and liabilities
The most common Queens 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 Queens 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, cooperative or condominium interest, and parcel of Queens 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 Queens County Surrogate's Court serves the borough of Queens, which is coextensive with Queens County and includes Jamaica, Flushing, Astoria, Long Island City, Forest Hills, Jackson Heights, and the rest of the borough. Every Queens probate and administration is filed here, at the office of the Chief Clerk of the Surrogate's Court, 88-11 Sutphin Boulevard, Jamaica. 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 Queens County, or who left property or a cause of action here, so the estate of a Queens resident, or one holding Queens real property, is filed at this courthouse.
Queens County is one of the busiest Surrogate's Court dockets in the state. The court publishes its own e-filing protocol, a weekly calendar of conference and motion days, and department e-mail mailboxes on its nycourts.gov page, and it is one of the four New York City boroughs where e-filing is mandatory for attorneys. The Surrogate is elected and can 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 Queens County Surrogate's Court is the right court when the decedent was domiciled in Queens County (the borough of Queens) at death (SCPA 205). The court accepts filings only for decedents who resided in Queens 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).
- Search before you open a file. Before entering any case information, run an inquiry on the decedent's last name (with the first initial), because the Surrogate's Court numbering system makes a search by file number alone unreliable, and ask the court by e-mail whether another will for the decedent is already on file for safekeeping. Do not call the court to check whether a proceeding was already filed.
- 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 through NYSCEF. E-filing is mandatory for attorneys in probate, administration, accounting, miscellaneous, and guardianship proceedings and related matters, including small estates. A self-represented filer is exempt and may e-file or file on paper, in person or by mail, at 88-11 Sutphin Boulevard. If you e-file, scan the original will without unstapling it and mail the original paper will to the court within two business days, and file a certified copy of the 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 or at the court; a filing paid at the court is not complete until payment is received, and the court will delete an e-filing if payment is not made within two business days.
- Give notice to the distributees. File their signed waivers and consents, or submit a proposed citation through NYSCEF; the court completes and issues the citation, and you then print it and serve it under the SCPA, together with a Notice of Commencement of Proceeding Subject to Mandatory Electronic Filing.
- Attend if a matter is calendared. An uncontested probate or administration is often decided on the papers. The court hears the Preliminary Conference Calendar on Mondays, the Pre-Trial Conference Calendar on Tuesdays, and the Process and Motion Calendars on Thursdays, each at 9:30 a.m.; a virtual clerk conference may be requested. 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 and certificates are mailed to the filer, so leave a prepaid self-addressed envelope with the court.
- 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 is also e-filed.
Forms and documents
Probate forms in Queens County
New York uses one statewide set of official Surrogate's Court forms, and the same forms are filed in Queens County as in every other county's Surrogate's Court; there is no separate Queens petition 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. Queens also posts its own local forms, including citation, decree, and accounting forms, on the court's Local Forms page. Self-represented filers can 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 e-filing is mandatory for attorneys, the forms are ordinarily filed through NYSCEF, and a self-represented filer may e-file or file on paper. 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, and file a certified copy of the death certificate within two business days.
Timeline
- Preliminary Conference Calendar: every Monday at 9:30 a.m.
- Pre-Trial Conference Calendar: every Tuesday at 9:30 a.m.
- Guardianship and Adoption matters: Wednesdays at 9:30 a.m.
- Process and Motion Calendars: every Thursday at 9:30 a.m., except Thanksgiving; hard copies of all motion papers are required no later than the motion return date.
- Trials: scheduled 15 days after a note of issue is filed, with parties expected to be ready to proceed on the trial date.
Local nuance
Queens County-specific considerations
E-filing is mandatory for attorneys. NYSCEF e-filing in the Queens County Surrogate's Court is mandatory, not consensual, for attorneys: it applies to probate, administration, accounting, miscellaneous, and guardianship proceedings and all related and subsequent matters, including small estates, for new proceedings commenced on or after March 2020 (Uniform Rules 207.4-a and 207.4-aa). An attorney may opt out only by certifying in good faith a lack of the equipment or knowledge to e-file, or for good cause shown. A self-represented filer is exempt and may file on paper or choose to e-file.
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 the original paper will mailed to the court within two business days, and a certified copy of the death certificate must be filed within two business days. Court-issued letters and certificates are returned to the filer in hard copy, so leave a prepaid self-addressed envelope with the court.
Departments are reached by e-mail, and faxes are not accepted. The court publishes one Clerk's Office line, (718) 298-0500, and directs status and department questions to per-department e-mail mailboxes: probate [email protected], administration and small estates [email protected], accounting [email protected], and guardianship and adoption [email protected], with general correspondence to [email protected] and calendar, appearance, or adjournment requests to [email protected]. Requests sent by fax are not processed and are returned to the sender.
A published weekly calendar. Queens sets fixed calendar days: the Preliminary Conference Calendar on Mondays, the Pre-Trial Conference Calendar on Tuesdays, Guardianship and Adoption matters on Wednesdays, and the Process and Motion Calendars on Thursdays, each at 9:30 a.m.; a trial is scheduled 15 days after a note of issue is filed. A virtual clerk conference may be requested through the court's page.
Search the records before opening a file. Because of the court's numbering system, the court asks filers to search the decedent's last name, using the first initial, to see whether a file is already open, rather than relying on a file number, and to ask the court separately whether another will for the decedent is on file for safekeeping. Do not call the court to determine whether a proceeding has already been filed.
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Queens County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | A Queens home or apartment 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 Queens 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. A vetted Queens County probate attorney if the estate is contested or complex. |
| Out-of-state adult child, small estate | If the parent was domiciled in Queens 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 filer is exempt from mandatory e-filing and can file on paper by mail from out of state, or choose to e-file through NYSCEF. 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 Queens 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 Queens real property before the deed can transfer, and a contested step is calendared before the assigned part. | Asset discovery for the child's accounts and property. Packet generation for the administration petition and the sale papers. A vetted Queens County probate attorney to run the administration and any contested step. |
Self-help resources
| Resource | What it offers |
|---|---|
| Queens County Surrogate's Court (nycourts.gov/courts/11th-judicial-district/queens-county-surrogates-court) | The court's own page: address, hours, department e-mail mailboxes, the e-filing protocol, calendar days, and local forms |
| New York CourtHelp, When Someone Dies (nycourts.gov/help/when-someone-dies) | 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 |
| NYSCEF e-filing (nycourts.gov/efile) | The e-filing portal and the E-filing Resource Center at (646) 386-3033 or [email protected] for help with a filing |
| WebSurrogate (websurrogates.nycourts.gov) | The statewide Surrogate's Court public case search; coverage varies by county |
| New York State Bar Association Surrogate's Court Pro Bono program (nysba.org/surrogatescourt) | Free counsel on certain Surrogate's Court matters for those who qualify |
| Queens County Law Library (nycourts.gov/courts/law-library-queens) | Public access to legal research materials for Queens matters |
| LawHelpNY (lawhelpny.org) | Self-help legal information and routing to legal aid statewide |
| Queens County Public Administrator | Administers estates of Queens 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 Queens estates are handled with the statewide forms, the CourtHelp overviews, and the DIY Small Estate program. Because e-filing is mandatory for attorneys but not for self-represented filers, a person handling an estate alone may still file on paper. 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 Queens 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. Sunset can connect families to a vetted Queens 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, Queens real estate and cooperative interests, business interests, and unclaimed property, so during estate settlement you know the estate's value and can pick the right New York proceeding before you file.
Generate the probate packet. Sunset assembles the Queens 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 where e-filing applies or for filing at 88-11 Sutphin Boulevard.
Find a local probate attorney. When an estate is contested, taxable, or otherwise calls for counsel, Sunset connects families to a vetted Queens 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 Queens County?
With the Queens County Surrogate's Court, at the office of the Chief Clerk, 88-11 Sutphin Boulevard, Jamaica, NY 11435. New proceedings are filed through NYSCEF, which is mandatory for attorneys; a self-represented filer may e-file or file on paper, in person or by mail. Department questions are answered by e-mail, such as [email protected] for a will and [email protected] for a no-will estate, and the Clerk's Office line is (718) 298-0500.
Is e-filing required in the Queens County Surrogate's Court?
For attorneys, yes. NYSCEF e-filing is mandatory for attorneys in probate, administration, accounting, miscellaneous, and guardianship proceedings and related matters, including small estates, for new proceedings commenced on or after March 2020. An attorney may opt out only by certifying a lack of the equipment or knowledge to e-file, or for good cause. A person handling an estate without a lawyer is exempt and may file on paper or choose to e-file.
How much does it cost to file probate in Queens 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)). You can pay by credit card through NYSCEF or at the court.
What are the calendar days at the Queens Surrogate's Court?
The court hears the Preliminary Conference Calendar on Mondays, the Pre-Trial Conference Calendar on Tuesdays, Guardianship and Adoption matters on Wednesdays, and the Process and Motion Calendars on Thursdays, each at 9:30 a.m. A trial is scheduled 15 days after a note of issue is filed, and parties should be ready to proceed on the trial date.
Do I have to appear in person for a Queens County probate?
It depends on the proceeding. An uncontested probate or administration is often decided on the papers, and a virtual clerk conference may be requested. Conferences and motions are calendared on set weekdays at 9:30 a.m., and a contested matter is heard before the assigned part. Confirm the format for your appearance with the court.
How do I look up a Queens 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 matter, search the decedent's last name in the court's records so you do not duplicate an open file.
What forms do I use for Queens 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 Queens posts its own citation, decree, and accounting forms on the court's Local Forms page.
How do I file the original will in Queens County?
The original will is filed with the Probate Department. If an attorney e-files 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 be filed within two business days. Before opening a matter, search the decedent's last name in the court's records, and do not call the court to check whether a proceeding was already filed.
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.