How Probate Works on Long Island: Nassau & Suffolk Step-by-Step

Probate is the Surrogate’s Court process of proving a will valid, appointing the executor, and authorizing the transfer of the decedent’s assets. On Long Island, the case is filed in the Surrogate’s Court of the decedent’s county — Nassau County in Mineola or Suffolk County in Riverhead. A straightforward, uncontested Long Island estate commonly takes about 7 to 12 months, though larger or contested estates run longer, and Suffolk’s Riverhead courthouse can add travel and scheduling friction.

Step-by-step: probating a Long Island will

1. Locate the original will. The court requires the signed original, not a copy.
2. File the probate petition (SCPA 1402). The named executor files a petition in the correct county’s Surrogate’s Court with the will, death certificate, and supporting affidavits.
3. Identify and notify distributees. All persons who would inherit if there were no will must be notified; if any do not consent, the court issues a citation requiring them to appear.
4. Obtain letters testamentary. Once the will is admitted, the court issues letters testamentary — the executor’s legal authority to act.
5. Marshal and inventory assets. The executor collects and values the home, accounts, vehicles, boats, and business interests.
6. Pay debts, expenses, and taxes. Valid creditor claims, final income taxes, and any New York or federal estate tax are paid.
7. Distribute to beneficiaries. Remaining assets pass as the will directs.
8. Account and close. The executor provides an informal accounting (with releases) or, if needed, a formal judicial accounting, then closes the estate.

Definition — letters testamentary: the court document proving an executor’s authority to act for the estate. Definition — distributee: a person who would inherit under intestacy (EPTL 4-1.1) and therefore must be notified in probate.

Required documents checklist

• Original signed will (and any codicils)
• Certified death certificate
• Probate petition (SCPA 1402)
• Family tree / affidavit of heirship identifying distributees
• Self-proving affidavit or witness affidavits
• Asset and account information for valuation

Filing fees (SCPA 2402)

New York’s Surrogate’s Court filing fee is graduated by the value of the estate under SCPA 2402:

Estate value	Filing fee (approx., verify)
Less than $10,000	$45
$10,000 – $19,999	$75
$20,000 – $49,999	$215
$50,000 – $99,999	$280
$100,000 – $249,999	$625
$250,000 – $499,999	$1,250
$500,000 and over	$1,250

Confirm current fees with the Nassau or Suffolk Surrogate’s Court before filing.

Where to file on Long Island

• Nassau County Surrogate’s Court — 262 Old Country Road, Mineola, NY 11501 (516-493-3800, verify).
• Suffolk County Surrogate’s Court — 320 Center Drive, Riverhead, NY 11901 (631-852-1745, verify).

The decedent’s county of domicile controls under SCPA 205–206. A Levittown resident files in Nassau; a Patchogue or Montauk resident files in Suffolk. Both courts accept e-filing through NYSCEF.

Timeline expectations

High-volume downstate courts move slower than rural counties. For Suffolk residents in the west of the county, the Riverhead courthouse is a genuine travel consideration — an in-person citation return or accounting can mean an hour-plus drive each way. Building that into the timeline is part of realistic Long Island planning.

Probate vs. administration

If there is a valid will, the proceeding is probate. If there is no will, it is administration, and the court appoints an administrator instead of an executor. The duties overlap heavily — see executor duties.

Small estates: voluntary administration (SCPA Article 13)

When the decedent’s personal property (excluding real estate that passes outside the estate) totals $50,000 or less, the family can use voluntary (small estate) administration under SCPA Article 13 — a simplified, lower-cost process that avoids full probate. Many modest Long Island estates with a jointly held home and limited solo accounts qualify.

Frequently asked questions

How long does probate take on Long Island? A typical uncontested estate runs about 7 to 12 months; contested matters or Suffolk’s busier calendar can extend that.

Do Nassau and Suffolk have the same Surrogate’s Court? No. They are separate courts in Mineola and Riverhead, and the decedent’s county of domicile controls under SCPA 205–206.

What does it cost to file probate in New York? The SCPA 2402 filing fee is graduated by estate value, from about $45 up to $1,250, plus attorney and publication costs.

Can I avoid probate entirely? Yes — assets in a trust, held jointly with survivorship, or with named beneficiaries pass outside probate.

This page is informational and not legal advice. To start a Nassau or Suffolk probate, book a consultation with Russel Morgan.