Nassau County Probate Guide: Surrogate's Court, Fees & Process (2026)

Overview

Nassau County is located on Long Island immediately east of New York City and is one of the most affluent and densely populated suburban counties in the United States. The Nassau County Surrogate's Court in Mineola handles all estate matters for individuals domiciled in the county at the time of death.

Probate in Nassau County is governed by the Surrogate's Court Procedure Act (SCPA). Nassau County estates often involve significant residential real property, retirement accounts, and investment portfolios. The court handles testate proceedings, intestate administration, voluntary administration for small estates under $50,000, guardianships, and accountings.

Nassau County Surrogate's Court uses the NYSCEF electronic filing system. The court has established comprehensive e-filing protocols requiring that all general correspondence, motions, and proposed citations be filed through NYSCEF.

This guide is for informational purposes only and does not constitute legal advice. Verify current requirements with the Nassau County Surrogate's Court or a qualified attorney.

Courthouse Information

Nassau County Surrogate's Court

The Nassau County Surrogate's Court is located in Mineola, the county seat.

Address: 262 Old Country Road, Mineola, NY 11501

Phone: (516) 493-3800

Chief Clerk's Office: (516) 493-3805

Hours: Monday through Friday, 9:00 AM to 5:00 PM

Website: nycourts.gov/courts/10jd/nassau/surrogates

Parking and Access

Free parking is available at the courthouse complex. The courthouse is accessible by car and by the Long Island Rail Road (Mineola station is within walking distance). Plan for security screening at the entrance.

Filing Process

Step 1: Determine the Proceeding Type

Probate Proceeding (SCPA Article 14): For estates with a valid will.
Administration Proceeding (SCPA Article 10): For intestate estates.
Voluntary Administration (SCPA Article 13): For personal property estates valued at $50,000 or less.

Step 2: Prepare and File the Petition

Gather required documents:

Completed petition for probate or administration
Original will and codicils (if applicable)
Certified death certificate
Filing fee based on estate value
List of all distributees with addresses

File through NYSCEF or in person at the clerk's office.

Step 3: Citation and Service

The court issues a citation. Proposed citations must be e-filed through NYSCEF, and the court will complete and upload the citation. Serve all necessary parties and file proof of service.

Step 4: Hearing and Letters

The Surrogate reviews the petition on the return date. If no objections are filed, the court issues Letters Testamentary or Letters of Administration.

Step 5: Administration and Closing

The fiduciary collects assets, pays debts and taxes, files accountings or obtains releases from beneficiaries, and distributes the estate.

Local Requirements

Nassau County-Specific Procedures

NYSCEF e-filing is used for all general correspondence, motions, proposed citations, and orders. The court completes citations and uploads them to NYSCEF.
Proposed citations must be e-filed through NYSCEF only. The court will finalize the citation and post it.
Real property: Nassau County estates frequently involve residential real property. Deed transfers require coordination with the Nassau County Clerk's office.
Designated newspapers: Nassau County has its own designated newspapers for legal notice publication.

Bond Requirements

Bond is required unless waived by the will or by consent of all distributees. The court sets the bond amount based on estate value.

New York Estate Tax

The New York estate tax exemption is approximately $6.94 million. Nassau County estates with significant property values may approach or exceed this threshold. The "cliff" provision means estates exceeding 105% of the exemption lose the entire benefit.

Timeline & Fees

Filing Fees (Nassau County)

Filing fees per SCPA Section 2402:

Under $10,000: $45
$10,000 to under $20,000: $75
$20,000 to under $50,000: $215
$50,000 to under $100,000: $280
$100,000 to under $250,000: $420
$250,000 to under $500,000: $625
$500,000 and over: $1,250

Additional costs:

Certified copies: approximately $6 per copy
Publication of citation: $200-$500
Bond premium: varies

Payment Methods

Contact the court at (516) 493-3800 for accepted payment methods.

Estimated Timelines

Simple estates: 7-12 months
Average estates: 12-18 months
Complex or contested estates: 18 months to several years

Local Resources

Nassau County Surrogate's Court Resources

Court Website: nycourts.gov/courts/10jd/nassau/surrogates
NYSCEF E-Filing Portal: iapps.courts.state.ny.us/nyscef
WebSurrogate (case search): websurrogates.nycourts.gov
Nassau County Designated Newspapers: nassaucountyny.gov/461/Designated-Newspapers

Legal Aid and Attorney Referrals

Nassau Suffolk Law Services: (516) 292-8100 -- free legal assistance for qualifying individuals
Nassau County Bar Association Lawyer Referral: (516) 747-4070
Legal Aid Society of Nassau County: (516) 560-6400

Publication

Mineola American: Local newspaper for legal notices in Nassau County
Long Island Press: Regional newspaper for legal publication

Frequently Asked Questions

Where is the Nassau County Surrogate's Court?

The Nassau County Surrogate's Court is at 262 Old Country Road, Mineola, NY 11501. The court is open Monday through Friday, 9:00 AM to 5:00 PM. The main phone number is (516) 493-3800. The courthouse is near the Mineola LIRR station.

How much does probate cost in Nassau County?

Filing fees range from $45 for estates under $10,000 to $1,250 for estates of $500,000 or more, per SCPA Section 2402. Additional costs include certified copies, publication fees ($200-$500), and bond premiums if required.

Does Nassau County use electronic filing for probate?

Yes. Nassau County Surrogate's Court uses NYSCEF for e-filing. All general correspondence, motions, and proposed citations must be filed through NYSCEF. The court completes proposed citations and uploads them to NYSCEF. Original wills and death certificates must be submitted in hard copy.

How long does probate take in Nassau County?

Simple estates typically take 7 to 12 months. Average estates take 12 to 18 months. Complex or contested estates may take 18 months to several years. Timelines depend on citation service, creditor claims, and tax requirements.

What newspapers are designated for legal notices in Nassau County?

Nassau County has designated newspapers for legal notice publication. The county clerk maintains a list of designated newspapers. When the court orders service by publication, it will specify the newspaper. Visit nassaucountyny.gov/461/Designated-Newspapers for the current list.

Do I need an attorney for probate in Nassau County?

An attorney is not legally required. The court provides standardized forms and procedural guidance. However, Nassau County estates often involve significant real property values and may approach the New York estate tax threshold ($6.94 million). An attorney is recommended for complex estates. The Nassau County Bar Association offers referrals at (516) 747-4070.

What is the small estate limit in New York?

Voluntary administration under SCPA Article 13 is available for estates consisting only of personal property (no real estate) valued at $50,000 or less. This simplified process avoids full probate and is generally faster and less expensive.

Can a surviving spouse claim a share of the estate in New York?

Yes. Under EPTL 5-1.1-A, a surviving spouse may exercise the right of election to claim one-third of the net estate, regardless of what the will provides. The election must be filed within the statutory time limits. This is separate from any claims to jointly held property, retirement accounts with beneficiary designations, or life insurance.

Probate in Nassau County, New York: 2026 Guide