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Westchester County, NY Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Westchester County Surrogate's Court, serving all of Westchester County |
| Courthouse | Westchester County Courthouse, 111 Dr. Martin Luther King Jr. Boulevard, 19th Floor, White Plains, NY 10601 |
| Filing office | The office of the Chief Clerk of the Surrogate's Court, on the 19th floor of the Westchester County Courthouse |
| Phone | (914) 824-5656 |
| Fax | (914) 358-8042 |
| [email protected] | |
| Hours | Monday to Friday, 9:00 a.m. to 5:00 p.m.; payments are accepted only until 3:30 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 Westchester County only form set |
| E-filing | NYSCEF (New York State Courts Electronic Filing) is mandatory for attorneys in probate, administration, accounting, and miscellaneous proceedings commenced on or after May 3, 2017, and consensual (voluntary) in small estate and 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 |
| Help Center | The Westchester County Surrogate's Court Help Center, on the 19th floor, assists people without a lawyer with probate, administration, small estate, and guardianship proceedings, offering free legal information, court forms, and referrals; it opened in July 2025 |
| Website | https://www.nycourts.gov/courts/westchester-county-surrogates-court-0 |
Before you begin — know the assets and liabilities
The most common Westchester 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 Westchester 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 Westchester 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 Westchester County Surrogate's Court serves all of Westchester County, the suburban county on New York City's northern border in the lower Hudson Valley. Every Westchester probate and administration is filed here, at the office of the Chief Clerk of the Surrogate's Court on the 19th floor of the Westchester County Courthouse, 111 Dr. Martin Luther King Jr. Boulevard in White Plains, which serves the county's cities and towns, among them White Plains, Yonkers, New Rochelle, Mount Vernon, Peekskill, Rye, Scarsdale, and Yorktown. 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 a Westchester resident, or one holding Westchester real property, is filed at this courthouse.
Westchester carries one of the higher-volume Surrogate's Court dockets in the state and anchors the Ninth Judicial District, which also covers Dutchess, Orange, Putnam, and Rockland counties. The court publishes its own e-filing protocol and part rules on its nycourts.gov page and operates a Help Center for self-represented filers. 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 Westchester County Surrogate's Court is the right court when the decedent was domiciled in Westchester County at death (SCPA 205). The court accepts filings only for decedents who resided in Westchester 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. Before you open a matter, run an inquiry on the decedent's last name so you do not duplicate a file that is already open.
- File with the Surrogate's Court. NYSCEF e-filing is mandatory for attorneys in probate, administration, accounting, and miscellaneous proceedings commenced on or after May 3, 2017, and consensual in small estate and guardianship proceedings; a self-represented filer is exempt but may opt in, or file on paper in person or by mail on the 19th floor. If you e-file, scan the original will without unstapling it 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. The court will not accept e-filed documents in a matter that was commenced on paper.
- 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. Payments at the courthouse are accepted only until 3:30 p.m., and a filing paid at the court is deleted if payment is not made within 14 days.
- Give notice to the distributees. File their signed waivers and consents, or submit a proposed citation, which is filed through NYSCEF in an e-filed matter; the court completes the citation and posts it, and you then print and serve it under the SCPA.
- 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.
- 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 e-filed, and working copies are required for accounting and miscellaneous filings over 50 pages.
Forms and documents
Probate forms in Westchester County
New York uses one statewide set of official Surrogate's Court forms, and the same forms are filed in Westchester County as in every other county's Surrogate's Court; there is no separate Westchester 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.
Westchester takes these forms through NYSCEF, which is mandatory for attorneys in most proceedings and consensual in small estate and guardianship matters, or on paper at the Chief Clerk's office on the 19th floor. The original will is not left to an upload alone: if you e-file, scan the will without unstapling it and file the original paper will with the court within two business days.
Local nuance
Westchester County-specific considerations
E-filing is mandatory for attorneys in most proceedings. NYSCEF e-filing in the Westchester County Surrogate's Court is mandatory in probate, administration, accounting, and miscellaneous proceedings commenced on or after May 3, 2017. An attorney may opt out only by certifying a lack of the equipment or knowledge needed to e-file, or for good cause shown. E-filing is consensual, not mandatory, in small estate and guardianship proceedings. This is a stricter regime than the New York County (Manhattan) court, which is consensual across the board.
Self-represented filers are exempt but may participate. An unrepresented litigant is exempt from mandatory e-filing (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 small estate or guardianship matter is not required to file a declination of consent or attach a hard-copy submission notice to paper filings.
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 filed with the court in paper within two business days, and a certified copy of the death certificate must be filed in hard copy within two business days. Court-issued letters and certificates are provided in hard copy, by self-addressed stamped envelope, regular mail, or messenger.
Payments close before the courthouse does. The office is open Monday to Friday from 9:00 a.m. to 5:00 p.m., but payments at the courthouse are accepted only until 3:30 p.m. A filing paid at the court is not treated as filed until payment is received, and the court deletes an e-filed matter if payment is not made within 14 days. Plan a fee payment for the earlier part of the day.
Search the decedent's name before you open a matter. Because of the court's numbering system, an inquiry by file number alone can be unreliable, so the court asks filers to run an inquiry on the decedent's last name, using the first initial, before an initial filing, to see whether a file is already open. The case name must match the signature on the will, with any different name on the death certificate entered as an also-known-as.
A Help Center for people without a lawyer. The Westchester County Surrogate's Court Help Center, on the 19th floor of the courthouse, opened in July 2025 and assists unrepresented litigants with probate, administration, small estate, and guardianship proceedings. It offers free legal information, court forms, informational handouts, and referrals, and was the first help center in the Ninth Judicial District focused on Surrogate's Court matters. Staff give procedural help, not legal advice.
Recent updates
| Change | What happened |
|---|---|
| Surrogate's Court Help Center opened (July 2025) | The Westchester County Surrogate's Court opened a Help Center on the 19th floor of the courthouse for people without a lawyer, assisting with probate, administration, small estate, and guardianship proceedings; it was the first help center in the Ninth Judicial District focused on Surrogate's Court matters |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Westchester County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | A Westchester 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 Westchester 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 Westchester County probate attorney if the estate is contested or complex. |
| Out-of-state adult child, small estate | If the parent was domiciled in Westchester 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. Because e-filing is consensual for a small estate here, the child can opt into NYSCEF and often file from out of state without traveling to White Plains, or file on paper. A larger estate is filed as an administration proceeding (Form A-1), where e-filing is mandatory for an attorney. | 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 Westchester 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 Westchester 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 Westchester County probate attorney to run the administration and any contested step. |
Self-help resources
| Resource | What it offers |
|---|---|
| Westchester County Surrogate's Court (nycourts.gov/courts/westchester-county-surrogates-court-0) | The court's own page: address, hours, contact, the e-filing protocol, part rules, and the court calendar |
| Westchester County Surrogate's Court Help Center, 19th Floor, (914) 824-5701 or (914) 824-5687, [email protected] | Help for people without a lawyer with probate, administration, small estate, and guardianship matters: free legal information, court forms, and referrals; opened July 2025 |
| 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 Westchester and the lower Hudson Valley, including estate and probate matters |
| LawHelpNY (lawhelpny.org) | Self-help legal information and routing to legal aid statewide |
| Westchester County Bar Association Lawyer Referral Service (wcbany.org) | Referral to a Westchester attorney for a probate or estate matter |
When to hire an attorney
New York does not require an attorney to file a probate or administration proceeding, and many straightforward Westchester 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 Westchester 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. Because e-filing is mandatory for attorneys in most Westchester proceedings, an estate handled by counsel is filed through NYSCEF as a matter of course. Sunset can connect families to a vetted Westchester 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, Westchester 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 for estate settlement before you file.
Generate the probate packet. Sunset assembles the Westchester 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 on the 19th floor at 111 Dr. Martin Luther King Jr. Boulevard.
Find a local probate attorney. When an estate is contested, taxable, or otherwise calls for counsel, Sunset connects families to a vetted Westchester 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 Westchester County?
With the Westchester County Surrogate's Court, at the office of the Chief Clerk on the 19th floor of the Westchester County Courthouse, 111 Dr. Martin Luther King Jr. Boulevard, White Plains, NY 10601. You reach the court at (914) 824-5656. 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.
Is e-filing required in the Westchester County Surrogate's Court?
For attorneys, yes, in most proceedings. NYSCEF e-filing is mandatory in probate, administration, accounting, and miscellaneous proceedings commenced on or after May 3, 2017, and consensual in small estate and guardianship proceedings. A self-represented litigant is exempt from mandatory e-filing but may choose to participate, or file on paper. This is stricter than the New York County (Manhattan) court, which is consensual for everyone.
How much does it cost to file probate in Westchester 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 payments made at the courthouse are accepted only until 3:30 p.m.
Can I file a Westchester probate from out of state?
Often, yes. Because NYSCEF e-filing is available here, and consensual for a small estate, an out-of-state filer can frequently opt into e-filing and file without traveling to White Plains. If you e-file, the original paper will must still be filed with the court within two business days, and a certified death certificate filed in hard copy within two business days. A self-represented filer may also file on paper by mail.
Do I have to appear in person for a Westchester 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 a Westchester 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 Westchester 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 Westchester County?
Yes. The Westchester County Surrogate's Court Help Center, on the 19th floor of the courthouse, helps people who are not represented by an attorney with probate, administration, small estate, and guardianship proceedings, offering free legal information, court forms, and referrals; it opened in July 2025. It gives procedural help, not legal advice. Legal Services of the Hudson Valley (lshv.org) and LawHelpNY (lawhelpny.org) offer further help.
How do I file the original will in Westchester County?
The original will is filed with the Surrogate's Court. If you e-file the proceeding through NYSCEF, scan the will without unstapling it 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. 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.