New York’s Surrogate’s Courts: Which County Court Handles Your Estate (SCPA 205)

New York does not have a single statewide probate court. Each of its 62 counties has its own Surrogate’s Court, and the one with jurisdiction over an estate is determined by the decedent’s county of domicile at death (SCPA 205–206). The Surrogate’s Court is the specialized court that handles wills, estates, trusts, and related matters — and which courthouse your family deals with depends entirely on where the decedent legally lived.

This county-based design is the single most misunderstood feature of New York estate law. People search for “the New York probate court” as if one exists; in reality, a Manhattan decedent’s estate goes to New York County Surrogate’s Court while a Buffalo decedent’s goes to Erie County — same SCPA, different building. This page explains what these courts do and how the venue rule works.

Which Surrogate’s Court has jurisdiction over your estate?

The controlling rule is domicile, not place of death or location of assets. Under SCPA 205, the proper court is the Surrogate’s Court of the county where the decedent was domiciled — their true, fixed, permanent home — at the moment of death. SCPA 206 addresses non-domiciliaries (people who died domiciled outside New York but owned New York property), allowing venue where the property is located.

Definition — Domicile: The one place a person treats as their permanent home and intends to return to. A person can have several residences but only one domicile, and it controls Surrogate’s Court venue.

What the Surrogate’s Court handles

Each county’s Surrogate’s Court is a court of broad jurisdiction over matters of the dead and their property. It handles:

• Probate of wills and issuance of letters testamentary;
• Administration of estates with no will (intestacy) and letters of administration;
• Accountings by executors, administrators, and trustees;
• Will contests and other estate litigation;
• Trust matters and trustee disputes under the EPTL;
• Guardianship of the property of minors (Article 17) — distinct from the Article 81 adult guardianships heard in Supreme Court;
• Adoptions and certain related proceedings.

The domicile rule — why venue follows the decedent’s home county

Because venue follows domicile under SCPA 205, you cannot choose a more convenient county. The estate of a person domiciled in Dutchess County is filed in Dutchess County Surrogate’s Court, full stop — even if the heirs live elsewhere and even if most assets sit in another county. If the decedent owned real property in a different county, an ancillary proceeding may be required there to clear title, but the primary proceeding stays in the domicile county. This is why establishing and documenting domicile matters, especially for snowbirds who split time between New York and another state.

E-filing across New York: NYSCEF

Most New York Surrogate’s Courts participate in NYSCEF (the New York State Courts Electronic Filing system), allowing attorneys — and in many courts, self-represented filers — to file petitions and documents online rather than in person. Availability and whether e-filing is mandatory or consensual vary by county and proceeding type, so confirm with the specific Surrogate’s Court before filing. The largest downstate counties were early adopters; some smaller counties phased in later.

Who runs the Surrogate’s Court?

Each Surrogate’s Court is presided over by an elected judge called the Surrogate. Day-to-day operations are run by a Chief Clerk and clerical staff who manage filings, calendars, and records. Many counties maintain a Help Center or pro-se assistance desk for self-represented filers. (These are generic roles — the specific people change by county and over time, so confirm names locally rather than relying on any single source.)

Self-represented vs. represented filers

You are not required to hire a lawyer for every Surrogate’s Court matter — small or uncontested estates are sometimes handled pro se, and many courts offer Help Center guidance and standardized forms. But probate involves strict notice requirements, fiduciary duties, and tax filings, and a misstep can cost months. Contested matters and larger estates almost always warrant counsel. See our probate process guide for the full sequence.

Three statewide realities about New York’s Surrogate’s Courts

1. No forum shopping. You cannot pick a faster county — SCPA 205 ties you to the domicile county.
2. Caseloads differ dramatically. A high-volume downstate court may take longer to issue letters than a rural county with a light calendar; build timeline expectations around the specific court.
3. Multi-county estates mean multiple proceedings. Real property outside the domicile county can trigger an ancillary filing, adding cost and time — a reason many New Yorkers use trusts to avoid the issue.

Frequently asked questions about New York Surrogate’s Courts

Is there one Surrogate’s Court for all of New York? No. There are 62 — one per county. The decedent’s county of domicile determines which one handles the estate (SCPA 205).

What if the decedent lived in one county but owned property in another? The primary proceeding is filed in the domicile county. Real property in another county may require an ancillary proceeding there to transfer title.

Can I file New York probate online? Often, yes — through NYSCEF. Availability and whether it is mandatory vary by county, so confirm with the specific Surrogate’s Court.

What’s the difference between Surrogate’s Court and Supreme Court for guardianship? Surrogate’s Court handles guardianship of a minor’s property (Article 17); adult incapacity guardianships under Article 81 are heard in Supreme Court. See our incapacity planning guide.

Find the right court and file correctly

Identifying the proper Surrogate’s Court — and meeting its local procedures — is the first practical step in any New York estate matter. Book a 30-minute consult with Russel Morgan to confirm your county’s court and process. Continue with the step-by-step probate guide or the New York State estate guide.