Westchester County Probate Court Records

Westchester County probate court records are on file at the Surrogate's Court in White Plains. This is one of the busiest Surrogate's Courts in the state, handling a large volume of estate cases for nearly a million residents. Records go back to 1787. You can search online through the free WebSurrogate portal or visit the courthouse at 111 Dr. Martin Luther King Jr. Blvd to view files in person. The court is part of the 9th Judicial District.

Westchester County Surrogate's Court

The Surrogate's Court is where all probate court records are managed in Westchester County. This court handles the probate of wills, administration of intestate estates, guardianship proceedings, adoption cases, and related matters. It sits at 111 Dr. Martin Luther King Jr. Blvd in White Plains, in the county courthouse complex.

Westchester County is one of the original counties of New York, formed in 1683. Probate records here date from 1787. The county is part of the 9th Judicial District, which also includes Dutchess, Orange, Putnam, and Rockland counties. With a population over one million, Westchester is one of the most populated counties in the state outside of New York City. That means the Surrogate's Court sees a high volume of cases.

Note that parts of southern Westchester were annexed by New York City in 1895 to form what is now the Bronx. If you are looking for records from that area before 1895, they may be in the Westchester County collection. After 1895, those records would be in Bronx County.

How to Search Westchester County Probate Court Records

The WebSurrogate portal is the fastest way to search Westchester County probate court records from home. It is free. Search by party name, file number, or date of death. The Name Search is best if you do not have a case number. Documents filed on or after February 19, 2014 can be viewed on screen. The system also has an Old Index Search for earlier records, though not all historical files have been put online.

For records that are not on the web, go to the courthouse in White Plains. Public access computers let you view unrestricted older documents. The court keeps a complete index of every estate filed in the county. Staff are available to help you locate specific files. Given how busy this court is, it helps to have as much information as possible before you go.

Westchester County's probate court records are a strong source for genealogy. Wills name heirs and describe property. Administration files list relatives. Estate inventories can show what people owned. With records going back to 1787, you can trace families through more than two centuries of county history.

For a successful search, bring:

• Full legal name of the deceased
• Date of death or a close estimate
• File or docket number if known
• The type of proceeding (probate, administration, guardianship)

Westchester County Probate Court Records Fees

Filing fees at the Westchester County Surrogate's Court follow the statewide schedule set by SCPA 2402. The fee depends on the gross value of the estate. Under $10,000 costs $45. From $10,000 to $20,000 is $75. Between $20,000 and $50,000, the fee is $215. Estates from $50,000 to $100,000 pay $280. The $100,000 to $250,000 range costs $420. From $250,000 to $500,000, the fee is $625. And estates of $500,000 or more require $1,250.

Westchester County sees a fair number of contested estates, and those come with extra fees. Filing objections under SCPA 1410 costs $150. A jury trial demand is $150. A note of issue is $45. Certified copies are $6 per page. To search and certify a record under 25 years old, the fee is $30. Records over 25 years cost $90 to search and certify.

Types of Probate Court Records in Westchester County

Probate is the most common type of case. When someone dies with a will, the executor files a petition. The court checks the will under SCPA Article 4. The original will must be filed. Copies are not accepted. In Westchester, estates can be large and complex, so probate proceedings sometimes take longer than in smaller counties.

Administration applies when there is no will. The court appoints an administrator based on state law priority. The spouse has first right. Then come children, parents, and more distant relatives. Small estates valued at $50,000 or less qualify for voluntary administration. That process has lower fees and less paperwork. It works well for modest estates.

The court also handles guardianship proceedings for minors and incapacitated adults, trust proceedings, estate accountings, and wrongful death actions. Adoption cases are filed here too, though those records are permanently sealed. Documents containing social security numbers are restricted from public view. Estate tax returns filed between May 1990 and January 2001 are sealed as well. Guardianship files also have access limits under court rules.

Historical Probate Court Records in Westchester County

Westchester County has probate court records stretching back to 1787. That is close to 240 years of estate files. The collection is one of the more extensive in the state, given the county's large population and long history. Early records include will books, letters of administration, estate inventories, and guardianship files.

The New York State Archives in Albany holds microfilm copies of Surrogate's Court records from across the state for the years 1787 to 1929. Westchester County records are well represented in that collection. FamilySearch has also indexed many of these records and made them available through their website and at Family History Centers.

One thing to keep in mind is the 1895 annexation. Areas that are now the Bronx were part of Westchester County until that year. If you are searching for someone who lived in what is now the Bronx before 1895, their probate records may be in the Westchester County collection. After 1895, those records would be in Bronx County's court system.

The Westchester County Clerk's Office also maintains land records and a document index that can help with estate research. Real property transfers from wills were recorded through the Clerk, so checking both offices gives a fuller picture of any estate.

Electronic Filing in Westchester County

Westchester County requires e-filing through the NYSCEF system for probate and administration cases when an attorney is involved. This is a statewide mandate. Self-represented parties can choose to e-file or submit papers in person at the courthouse in White Plains.

NYSCEF is available around the clock. You can file papers at midnight if you need to. The system sends email alerts about new filings and court decisions. Credit card payments are accepted online. For technical help, the Electronic Filing Resource Center is available at 646-386-3033 during business hours.

Cities in Westchester County

Westchester County has several cities. All probate cases go through the Surrogate's Court in White Plains, no matter which city the person lived in.

Other communities in Westchester County include Ossining, Mamaroneck, Scarsdale, Rye, and Peekskill. All estate matters are handled at 111 Dr. Martin Luther King Jr. Blvd in White Plains.

Nearby Counties

These counties are near Westchester County. Make sure you know where the deceased person lived before filing. You must file in the right county.