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If you’ve never stepped inside a Surrogate’s Court before, you’re not alone. For many New Yorkers, it’s the first place they visit after a loss, and where they learn how estates, wills, and probate really work.
Many people are surprised to learn that New York has a dedicated court that focuses almost entirely on estates, probate, and related matters. Whether you live in Manhattan, Queens, or Staten Island, each county has its own Surrogate’s Court to help settle estates.
This guide breaks down what the Surrogate’s Court does, how it differs from other courts, and what you can expect if you need to file documents or begin estate proceedings in New York City.
What Is the New York Surrogate’s Court?
The New York Surrogate’s Court is a specialized court with jurisdiction over estate proceedings. Each county across New York State has its own Surrogate’s Court, including New York County (Manhattan), Kings County (Brooklyn), and the other three counties of New York City.
Unlike Family Court, which addresses custody and child support, or Supreme Court, which hears civil cases, the Surrogate’s Court is dedicated almost exclusively to estate-related matters.
The court handles matters such as:
Probate Proceedings
Probate is the process where the Surrogate’s Court reviews a will to decide if it’s legally valid. The person named as the executor starts by filing a petition along with the required documents.
If the judge approves everything, the executor gets the authority to gather the person’s assets, pay any outstanding debts, and distribute what’s left to the beneficiaries.
Sometimes probate goes smoothly, but it can turn into a contested proceeding if someone decides to challenge the will. One 2024 study even found that the average probate timeline falls around 20 months, and individuals need to be prepared for that.
Estate Administration
When someone passes away without a will, the Surrogate’s Court oversees estate administration. The court appoints an administrator, who functions much like an executor, to gather assets, pay creditors, and distribute what remains under New York’s intestacy laws.
Estate administration creates a clear process to make sure property goes to the right heirs, even if the person didn’t leave any instructions behind.
Guardianships
The court also appoints guardians for minors or adults who cannot manage their own affairs. Guardianships may involve making financial decisions, overseeing daily care, or both. This is what is known as Article 17A Guardianship. The Supreme Court may also hear Guardianship matters under MHL 81. There are nuances, pros, and cons for both.
The Surrogate’s Court reviews petitions, verifies the need for a guardian, and monitors the guardian’s actions to protect the person’s interests.
Adoptions
In some counties, the Surrogate’s Court handles adoptions. Prospective adoptive parents file petitions and supporting documents to establish a legal parent-child relationship.
The judge reviews the case to confirm that the adoption serves the child’s best interests before issuing an order of adoption.
Wrongful Death Claims
When a death results from another party’s negligence or wrongdoing, the Surrogate’s Court can approve settlements in wrongful death cases. The court appoints a personal representative to pursue the claim, distribute settlement funds, and handle any related estate matters.
This process helps surviving family members secure compensation and close out the estate properly.
Unclaimed Property
The Surrogate’s Court also manages unclaimed property when no heirs can be located. If an estate has assets without clear beneficiaries, the court supervises efforts to identify rightful heirs.
If none are found, the property may eventually be turned over to the New York State Comptroller’s Office as abandoned property.
Where Is the Surrogate’s Court Located in New York City?
If you live in Manhattan, you’ll visit the Surrogate’s Court in New York County, located at 31 Chambers Street.
Other boroughs have their own Surrogate’s Court buildings, such as:
- Kings County (Brooklyn): 2 Johnson Street
- Queens County: 88-11 Sutphin Boulevard
- Bronx County: 851 Grand Concourse
- Richmond County (Staten Island): 18 Richmond Terrace
Each location has a Surrogate (the judge who presides over the proceedings) and court staff who help parties file documents, schedule hearings, and review estate papers. The exceptions are New York and Kings County, with two Surrogates instead of one.
What Happens in Probate Court?
The probate court in New York determines whether a will is valid. When a person passes away with a will, the executor files a petition to begin probate. This filing starts the probate process, during which the court:
- Reviews the will and supporting documents
- Confirms that the will was properly signed and witnessed
- Appoints the executor to manage the estate
- Oversees the collection and distribution of assets
If there is no will, the estate goes through administration, which is a different set of proceedings. The court appoints an administrator instead of an executor.
How Long Does the Probate Process Take?
Every case moves at its own pace. In some estates, the process can take a few months if there are no disputes and the estate is small. Larger estates, or those involving disagreements about the will or property, can take a year or more to close.
It helps to gather all necessary documents early (wills, death certificates, and a list of assets) to avoid delays. An experienced lawyer will guide you through each step and help determine what paperwork you need to file.
The five New York City Courts are the ones taking the longest to process legal matters throughout New York State.
What About Estate Proceedings Without a Will?
When a person passes away without leaving a valid will, the estate enters what is called administration. The Surrogate’s Court appoints an administrator, who may be a family member or other qualified person.
This person is responsible for:
- Collecting estate property
- Paying debts and taxes
- Distributing remaining assets to heirs under New York State intestacy laws
Even without a will, the Surrogate’s Court supervises the process to help protect the rights of heirs and creditors.
Do I Need a Lawyer for Surrogate’s Court?
While it is possible to file some documents on your own, many people prefer to work with a lawyer, especially if:
- The estate has significant assets
- There are multiple beneficiaries or disputes
- The decedent owned property in more than one county or state
- There are questions about the validity of a will
A lawyer will help you prepare the right petitions, talk with the Surrogate’s Court on your behalf, and keep the executor on track with deadlines. Working with someone who knows the probate process can take a lot of stress off your shoulders and help you avoid common mistakes.
Next Steps and Resources
If you have questions about the New York Surrogate’s Court or estate administration, it may be time to learn more about your options. Whether you live in Manhattan, Brooklyn, or Staten Island, the court staff can answer basic questions about filing, but they cannot provide legal guidance.
Need Assistance Handling Estate Matters in New York State?
If you’re looking for guidance with probate, handling an estate, or questions about the New York Surrogate’s Court, our team is here to help. We work with families across all five counties to prepare documents, resolve issues, and move estates forward.
Schedule a consultation and learn how we will support you every step of the way.
