Search New York Probate Court Records
New York probate court records are filed at the Surrogate's Court in each of the state's 62 counties. These records cover wills, estate administration, guardianship matters, and trust proceedings. You can search probate court records online through the free WebSurrogate portal, which lets you look up cases by name, file number, or date of death. For certified copies of filed documents, you need to contact the Surrogate's Court in the county where the case was filed. Each county keeps its own set of probate court records, and many have files going back to the late 1700s.
New York Probate Court Records Overview
Where to Find New York Probate Court Records
The Surrogate's Court is where probate court records are kept in New York. Each of the 62 counties has its own Surrogate's Court that handles wills, estate cases, and related filings. Since 1787, these courts have been the place to file and look up estate documents in New York State. The court keeps the full case file for every probate matter, and that file holds the will, petition, letters testamentary or of administration, inventories, accountings, and the final decree. The Surrogate's Court Procedure Act, known as the SCPA, sets the rules for how these courts work across the state.
New York also has a statewide online search tool. WebSurrogate is a free service run by the New York State Unified Court System. It lets you search for estate proceedings in any of the 62 counties. You can look up records by party name, file number, or date of death. Once you find a case, you can view the file history and any documents filed on or after February 19, 2014. Older documents filed before that date may need an in-person visit to the courthouse. The portal also has an Old Index Search for historical records and an Index Book Pages feature that lets you browse scanned pages from the court's original index books.
Note: WebSurrogate only provides links to documents filed on or after 02/19/2014. For older probate court records, visit the Surrogate's Court in the county where the case was filed. Public access computers at the courthouse let you view unrestricted historical documents.
How to Search Probate Court Records in New York
There are a few ways to search for probate court records in New York. Online access is the fastest option for basic case info. Going to the courthouse works best when you need certified copies or want to see the full file. Both methods give you access to records spanning more than two centuries in most counties.
The WebSurrogate system is the main online tool. It covers all 62 Surrogate's Courts. You can run a Name Search to find cases by party name, and narrow results by date of death. The File Search works when you already have a file number. There is also a Will Search that locates wills filed for safekeeping by testator name. Keep in mind that wills held for safekeeping are not available for public view and need specific legal steps to access. The system is free. No account is needed.
To search probate court records, you need:
- Full name of the deceased person
- County where they lived at the time of death
- Approximate date of death if you have it
- File or docket number if known
You can also search probate court records in person at any Surrogate's Court. Go to the courthouse in the county where the person was domiciled at death. Under SCPA Article 3, venue for estate proceedings is the county where the deceased person lived. Staff can look up cases and make copies. Certified copies cost $6 per page under SCPA 2402. You can also request copies by mail if you include the case details and a check or money order for the fees.
Types of Probate Court Records in New York
New York Surrogate's Courts handle several types of probate court records. The most common is the probate proceeding, which happens when someone dies with a valid will. The nominated executor files a petition for probate, and the court issues a Citation to notify interested parties. Under SCPA Article 14, the court must verify that the will meets all legal requirements before admitting it to probate. The executor must file the original will. The court will not accept copies in most cases.
When someone dies without a will, the case goes through administration. New York law decides who gets the estate. The people who can inherit are called heirs at law, and the order goes: spouse and children first, then parents, then siblings, then more distant relatives. This hierarchy comes from the Estates, Powers and Trusts Law. The court appoints an administrator to manage and distribute the estate. You can find a helpful table that explains intestacy rules at nycourts.gov.
A probate court record in New York can also involve small estates. Voluntary administration is available for estates valued at $50,000 or less. This is a simplified process with lower fees and faster results. The filing fee for small estates under $10,000 is just $45.
Other types of proceedings in Surrogate's Court include guardianship matters for minors and incapacitated adults, trust proceedings, accounting proceedings, and wrongful death actions. Adoption proceedings are also handled here, though those records are permanently sealed and need a court order to access.
Probate Court Records Filing Fees
Filing fees for probate court records in New York depend on the value of the estate. The fee schedule under SCPA 2402 applies to all 62 counties. For estates under $10,000, the filing fee is $45. Estates between $10,000 and $20,000 cost $75. Estates from $20,000 to $50,000 require $215. Estates between $50,000 and $100,000 are $280. Estates from $100,000 to $250,000 cost $420. Estates between $250,000 and $500,000 are $625. And estates valued at $500,000 or more require a $1,250 filing fee.
The probate filing fee covers all charges unless someone contests the will. If that happens, filing objections under SCPA 1410 costs $150. A demand for jury trial runs another $150. Filing a note of issue costs $45.
Getting copies of existing probate court records also has fees. A certified copy of any document costs $6 per page. Searching and certifying a record under 25 years old costs $30. Records over 25 years old cost $90 to search and certify. Authentication for use outside New York costs an extra $20. Recording a document is $8 per page with a $16 minimum. Fees can be paid by cash, check, money order, or credit card, though some courts may not accept all forms of payment.
New York Probate Court Records and the Law
The legal rules for probate court records in New York are set out in the Surrogate's Court Procedure Act. This law covers everything from filing petitions to distributing assets. Article 1 sets definitions and general rules. Article 2 covers jurisdiction. The Surrogate's Court has authority over all matters relating to the affairs of deceased persons, including wills, estates, guardianships, and adoptions.
SCPA Article 4 lays out the requirements for valid wills in New York. A will must be signed, witnessed by two people, and meet strict execution rules. Article 5 covers the duties of executors, administrators, and other fiduciaries. They have legal obligations to act in the best interests of the estate and its beneficiaries. Article 25 covers records and recording, including public access provisions.
On February 19, 2014, the Uniform Rules for Surrogate's Courts were amended to include Section 207.64. This rule protects Confidential Personal Information in probate court records. WebSurrogate blocks access to restricted files, but it does not redact documents. Since that date, parties are responsible for removing sensitive information from documents before filing them with the court.
Electronic Filing for Probate Court Records
New York has moved most probate court records filing online through the NYSCEF system. E-filing is now mandatory for all probate and administration proceedings in most counties when the parties are represented by an attorney. Even in counties where e-filing is voluntary, attorney-represented cases must use NYSCEF. The Electronic Filing Resource Center at 646-386-3033 can help with technical questions during business hours.
For self-represented parties, e-filing may be voluntary depending on the county. Some counties require it for all proceedings. If you cannot file electronically due to hardship, you can submit Form SCM-2 to opt out. Credit card payments are accepted through the system. E-filing lets you submit and serve papers at any time, get email alerts about filings and decisions, and track your case online.
Historical Probate Court Records in New York
New York has some of the oldest probate court records in the country. The New York State Archives holds colonial wills from before 1787, when each county got its own Surrogate's Court. Records from 1787 to 1929 are available on microfilm at the State Archives in Albany. These collections include will books, administration records, estate inventories, and other probate documents.
For records within the counties themselves, the starting dates vary. Richmond County has records going back to 1664. Albany County starts at 1777. Most counties have records from their date of formation, with many starting in the late 1700s or early 1800s. County Clerk offices often maintain a separate Will Index that can help locate will-related documents. Some clerks have put their records online through search portals, though access and fees vary by county.
The New York State Department of Health keeps vital records that are often needed during probate proceedings. Death certificates are required to start an estate case. Genealogy copies are available for birth records over 75 years old and death or marriage records over 50 years old. Fees range from $22 for a 1-3 year search to $202 for an 81-90 year search. Note that the state DOH does not hold records for New York City. For NYC vital records, contact the NYC Department of Records and Information Services at 31 Chambers Street.
Contesting a Will in New York Surrogate's Court
If someone wants to challenge a will, they must appear in court on the Citation's return date and take the right steps to preserve their right to object. Missing this deadline can mean losing standing to contest. Before filing formal objections, interested parties can use SCPA Section 1404 examinations. These let you question the attorney who drafted the will, the witnesses who watched the signing, and the person who is offering the will for probate.
A key detail: if you do the 1404 examinations before filing objections, the estate pays for the legal fees and transcripts. If you file objections first without doing the examinations, you pay those costs yourself. The fee for filing objections is $150. A jury trial demand costs $150. A note of issue costs $45.
Browse New York Probate Court Records by County
Each of New York's 62 counties has its own Surrogate's Court that handles probate cases. Pick a county below to find local contact info and resources for probate court records in that area.
Probate Court Records in Major New York Cities
Residents of major cities file probate cases at the Surrogate's Court in their county. Pick a city below to find out where to go for probate court records in that area.