Overview
Queens County is the second-most-populous county in New York State and one of the most ethnically diverse communities in the country. The Queens County Surrogate's Court handles all estate matters for individuals who were domiciled in Queens at the time of death, including probate of wills, administration of intestate estates, accountings, and guardianships.
Probate in Queens County is governed by the Surrogate's Court Procedure Act (SCPA). The court processes both testate estates (with a will) and intestate estates (without a will), as well as voluntary administration for small estates valued at $50,000 or less. Filing fees are based on the gross value of the estate as set by SCPA Section 2402.
Queens County Surrogate's Court offers NYSCEF electronic filing for eligible proceedings. The court maintains a Help Center to assist self-represented individuals with procedural guidance and form completion.
This guide is for informational purposes only and does not constitute legal advice. Verify current requirements with the Queens County Surrogate's Court or a qualified attorney.
Courthouse Information
Queens County Surrogate's Court
The Queens County Surrogate's Court is located in the Queens County courthouse complex in Jamaica.
Address: 88-11 Sutphin Boulevard, 7th Floor, Jamaica, NY 11435
Phone: (718) 298-0400
Email: qnssurr-info@nycourts.gov
Hours: Monday through Friday, 8:30 AM to 4:30 PM
Website: nycourts.gov/courts/11jd/surrogates
The clerk's offices are on the 7th floor. The courtroom is on the 6th floor, Courtroom 62. The Help Center assists self-represented individuals with procedural questions.
Access and Transportation
The courthouse is accessible via the E, J, and Z subway lines (Sutphin Blvd station). The Long Island Rail Road Jamaica station is also nearby. Limited metered and lot parking is available in the surrounding area. Plan for security screening at the entrance.
Filing Process
Step 1: Determine the Proceeding Type
Review the estate to select the appropriate filing:
- Probate Proceeding (SCPA Article 14): When a valid will exists. The court admits the will to probate and issues Letters Testamentary.
- Administration Proceeding (SCPA Article 10): For intestate estates (no will). The court appoints an administrator and issues Letters of Administration.
- Voluntary Administration (SCPA Article 13): Simplified process for personal property estates valued at $50,000 or less.
Step 2: Prepare and File the Petition
Gather the 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 and relationships
File through NYSCEF or in person at the clerk's office on the 7th floor.
Step 3: Citation and Service
The court issues a citation that must be served on all necessary parties. Service methods depend on the party's location and whether they can be found:
- Personal service within New York
- Certified mail for out-of-state parties
- Publication in a designated newspaper if a party cannot be located
Step 4: Court Hearing and Letters
On the return date of the citation, the Surrogate reviews the petition. If no objections are filed, the court admits the will to probate or appoints an administrator and issues the appropriate letters. Bond may be required.
Step 5: Administration and Closing
The fiduciary collects assets, pays debts and taxes, files accountings or obtains releases, and distributes assets to beneficiaries.
Local Requirements
Queens County-Specific Procedures
- NYSCEF e-filing is available for eligible proceedings. The court accepts e-filed documents through the NYSCEF system. Contact the court for current requirements regarding mandatory vs. consensual e-filing.
- Original wills and death certificates must be submitted in hard copy to the court.
- Citation service must be completed before the court will act on any petition. Queens County has a diverse population, and service may require translation or alternative methods for parties in other countries.
- Multilingual assistance: Given Queens County's diverse population, the court may have resources for non-English-speaking parties. Contact the Help Center for information.
Bond Requirements
Bond is typically required unless:
- The will waives the bond requirement, or
- All distributees consent to waiving bond
For intestate estates, bond is generally required.
Right of Election
A surviving spouse may exercise the right of election under EPTL 5-1.1-A to claim one-third of the net estate. The election must be filed within the statutory time limits.
Timeline & Fees
Filing Fees (Queens County)
Filing fees are set by SCPA Section 2402 based on gross estate value:
- 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 depending on the newspaper
- Bond premium: varies based on estate value
Payment Methods
Contact the court for accepted payment methods and any processing fees.
Estimated Timelines
- Simple estates: 7-12 months
- Average estates: 12-18 months
- Complex or contested estates: 2 to several years
Queens County processes a high volume of filings. The timeline depends on citation service, creditor claims, and tax clearance.
Local Resources
Queens County Surrogate's Court Resources
- Court Website: nycourts.gov/courts/11jd/surrogates
- NYSCEF E-Filing Portal: iapps.courts.state.ny.us/nyscef
- WebSurrogate (case search): websurrogates.nycourts.gov
- Fee Schedule: nycourts.gov/courts/11jd/surrogates/fees
Legal Aid and Attorney Referrals
- Queens Legal Services: (718) 657-8611 -- free legal assistance for qualifying individuals
- New York City Bar Association Referral Service: (212) 626-7373
- Queens County Bar Association: (718) 291-4500
Publication
- New York Law Journal: Official law publication for legal notices
- Queens Daily Eagle: Local newspaper for citation publication in Queens County