Probate in NYC: Five Surrogate’s Courts, One Domicile Rule

Probate in New York City is not handled by one court — it is split across five separate Surrogate’s Courts, one for each borough. Where an estate is administered depends entirely on the decedent’s county of domicile under SCPA 205. A Manhattan resident’s estate is filed at the New York County Surrogate’s Court; a Brooklyn resident’s at Kings County; and so on across Queens, the Bronx, and Staten Island. The governing law is twofold: the EPTL (Estate Powers and Trusts Law) sets the substantive rules, while the SCPA (Surrogate’s Court Procedure Act) sets the procedure.

Why “NYC probate” really means five different courts

Unlike a city with a single probate court, New York City inherited a county structure that predates consolidation. Each of the five boroughs is coextensive with a county, and each county runs its own Surrogate’s Court with its own clerk’s office, calendar, and filing realities. This is the single most important orientation point for any New Yorker facing an estate: you cannot choose your court. The borough where the decedent lived — their legal domicile — fixes venue under SCPA 205-206.

This site is built for that reality. Whether you are an executor named in a will, a distributee facing an intestate estate, or a co-op shareholder’s heir trying to transfer shares, the path you take is shaped by which of the five courts holds jurisdiction. We map that path court by court, statute by statute.

Who this hub serves

Most NYC estates do not look like the suburban picture of a house, a car, and a bank account. They are dominated by co-op shares and condominium units — the defining asset class of city estates. A co-op owner holds shares in a corporation plus a proprietary lease, not real property, which changes how title passes and forces the executor to deal with a co-op board’s transfer process. Condo owners hold real property but in a vertical building governed by a board. High property values across all five boroughs also push more estates over the New York estate tax threshold and into “cliff” exposure. This hub serves the people who actually live these facts: shareholders, condo owners, and the families who inherit them.

Start here: the informational pillars

• How the New York probate process works — the full step-by-step from filing the SCPA 1402 petition to closing the estate.
• The five NYC Surrogate’s Courts — which court has jurisdiction over your borough and what each one handles.
• Executor and administrator duties — what a fiduciary must do under NY law, including SCPA 2307 commissions.
• Wills under New York law — EPTL 3-2.1 execution requirements and what happens without a valid will.
• Trusts and probate avoidance — how revocable and Medicaid trusts keep co-ops and condos out of court.
• Contested estates and will contests — standing, grounds, and SCPA 1404 examinations.
• The complete NYC estate guide — our deepest local resource, court by court and borough by borough.

How probate works in New York City, at a glance

1. Locate the original will and the death certificate; determine the decedent’s borough of domicile.
2. File a probate petition (SCPA 1402) in that borough’s Surrogate’s Court, or a petition for administration if there is no will.
3. Notify distributees by citation so the court can confirm no one objects.
4. Receive letters testamentary (or letters of administration) — the court order authorizing the fiduciary to act.
5. Marshal assets, pay debts and taxes, and deal with co-op boards or condo transfers.
6. Distribute to beneficiaries and account to the court, formally or informally.

Each step is explained in depth in our step-by-step New York probate guide.

Local court & statute snapshot

Common questions

How long does probate take in NYC? An uncontested estate typically runs 7–12 months, though high-volume boroughs and co-op transfers extend that. See our FAQ.

Can I file in any borough I choose? No — venue follows the decedent’s domicile under SCPA 205. More in the Surrogate’s Court guide.

What if there is no will? The estate passes by intestacy under EPTL 4-1.1 and goes through administration rather than probate. See wills and executor duties.

About this resource

This site is published by Morgan Legal Group, a New York estate and probate firm led by attorney Russel Morgan. Our practice is focused on the five-borough Surrogate’s Court system and the co-op, condo, and high-value estates that define New York City. The information here is grounded in the EPTL and SCPA as they actually apply in each borough.

Talk through your situation

If you are facing a New York City estate and want to understand which court applies and what your next step is, you can book a 30-minute consultation directly: Schedule with Russel Morgan. This is an orientation conversation — not a sales pitch — to help you find your footing.