Overview
Westchester County is a suburban county located immediately north of New York City. The Westchester County Surrogate's Court in White Plains handles all estate matters for individuals domiciled in the county at the time of death.
Probate in Westchester County follows the Surrogate's Court Procedure Act (SCPA). Westchester is one of the wealthiest counties in New York, and estates often involve significant real property, investment portfolios, and other high-value assets. The court handles testate proceedings, intestate administration, voluntary administration for small estates under $50,000, guardianships, and accountings.
Westchester County was an early adopter of electronic filing for Surrogate's Court proceedings. NYSCEF mandatory e-filing has been in effect for new probate and administration proceedings since May 3, 2017.
This guide is for informational purposes only and does not constitute legal advice. Verify current requirements with the Westchester County Surrogate's Court or a qualified attorney.
Courthouse Information
Westchester County Surrogate's Court
The Westchester County Surrogate's Court is located in the county courthouse complex in White Plains.
Address: 111 Dr. Martin Luther King Jr. Boulevard, 19th Floor, White Plains, NY 10601
Phone: (914) 824-5656
Hours: Monday through Friday, 9:00 AM to 5:00 PM (payments accepted until 3:30 PM)
Website: nycourts.gov/courts/9jd/westchester/westchestersurrogate
Parking and Access
The courthouse is served by Metro-North Railroad (White Plains station). Parking garages are available in downtown White Plains. Plan for security screening at the building 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: E-File the Petition via NYSCEF
Westchester County requires mandatory NYSCEF e-filing for new probate and administration proceedings. Prepare:
- Completed petition
- Original will and codicils (submit hard copy separately)
- Certified death certificate (submit hard copy separately)
- Filing fee based on estate value
- List of all distributees with addresses
Register at the NYSCEF portal and file electronically. Deliver original documents to the court separately.
Step 3: Citation and Service
After filing, the court issues a citation. Serve all necessary parties via personal service, certified mail, or publication (if a party cannot be found). File proof of service through NYSCEF.
Step 4: Hearing and Letters
The Surrogate reviews the petition on the return date. Letters Testamentary or Letters of Administration are issued if approved.
Step 5: Administration and Closing
The fiduciary collects assets, pays debts and taxes, distributes to beneficiaries, and files accountings or obtains releases.
Local Requirements
Westchester County-Specific Procedures
- Mandatory NYSCEF e-filing for all new probate and administration proceedings since May 3, 2017. Related miscellaneous proceedings must also be e-filed.
- Original wills and death certificates must be delivered in hard copy to the court.
- High-value estates: Westchester County property values are among the highest in the state. Many estates may be subject to New York estate tax (exemption approximately $6.94 million).
- Real property transfers: Coordination with the Westchester County Clerk's office is required for deed transfers.
Bond Requirements
Bond is required unless waived by the will or by consent of all distributees.
Creditor Claims
The fiduciary should publish a notice to creditors. Publication in a Westchester County newspaper establishes a timeframe for creditor claims.
Timeline & Fees
Filing Fees (Westchester 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
Payments accepted until 3:30 PM. Contact the court at (914) 824-5656 for accepted methods.
Estimated Timelines
- Simple estates: 7-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to several years
Local Resources
Westchester County Surrogate's Court Resources
- Court Website: nycourts.gov/courts/9jd/westchester/westchestersurrogate
- E-Filing Information: nycourts.gov/courts/9jd/e-fileSurrogate
- NYSCEF Portal: iapps.courts.state.ny.us/nyscef
- WebSurrogate (case search): websurrogates.nycourts.gov
Legal Aid and Attorney Referrals
- Legal Services of the Hudson Valley: (914) 949-1305 -- free legal assistance for qualifying individuals
- Westchester County Bar Association Lawyer Referral: (914) 761-5151
- Pace Women's Justice Center: (914) 422-4068
Publication
- The Journal News: Regional newspaper covering Westchester County
- Westchester County Press: Local newspapers for legal notice publication