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

Probate is the court process that validates a deceased person’s will, appoints the executor, and authorizes the transfer of estate assets. On Long Island, probate is filed in the Surrogate’s Court of the decedent’s county of domicile — Nassau County Surrogate’s Court in Mineola or Suffolk County Surrogate’s Court in Riverhead — under the SCPA. A straightforward, uncontested Long Island estate typically takes about seven months to over a year, longer if the will is contested or heirs are hard to locate.

This is the master walkthrough. If there is no will, see administration in our executor duties and Surrogate’s Court pages.

Probate (definition): The Surrogate’s Court proceeding that proves a will is valid and grants the executor authority (letters testamentary) to administer the estate.

How long does probate take on Long Island?

For an uncontested estate with a clean will and cooperative heirs, expect roughly 7 to 12 months in Nassau, and often similar or somewhat longer in Suffolk given its caseload and the Riverhead location. A contested will, missing distributees, or estate-tax filings can push it to two years or more.

Step-by-step: the New York probate process

1. Locate the original will. The court requires the signed original, not a copy. Check safes, the attorney who drafted it, and safe-deposit boxes.
2. File the probate petition (SCPA 1402). The named executor files a petition with the Surrogate’s Court of the decedent’s county, attaching the will and the death certificate, and pays the filing fee.
3. Identify and notify distributees. Everyone who would inherit if there were no will (the distributees) must receive notice. They sign waivers and consents, or, if they do not, the court issues a citation ordering them to appear.
4. Court reviews and admits the will. If the will is valid and unopposed, the Surrogate admits it to probate.
5. Letters testamentary issue. The court issues letters testamentary — the executor’s official authority to act on behalf of the estate.
6. Marshal and inventory the assets. The executor collects and values estate property — the Nassau or Suffolk home, accounts, vehicles, a boat, business interests.
7. Pay debts, expenses, and taxes. The executor notifies creditors, pays valid claims by priority, and files any estate-tax returns (federal and the New York return, watching the cliff).
8. Distribute the estate. After debts and taxes, the executor distributes assets to the beneficiaries named in the will.
9. Account and close. The executor provides an accounting — informal (beneficiaries sign releases) or judicial (court-supervised) — and the estate is closed.

Letters testamentary (definition): The certificate the Surrogate’s Court issues to an executor, proving authority to collect assets, deal with banks, and sign documents for the estate.

Required documents checklist

• Original signed will (and any codicils)
• Certified death certificate
• Completed probate petition (SCPA 1402)
• Family tree / affidavit of heirship identifying distributees
• Waivers and consents from distributees (or basis for citation)
• Asset and account information for the inventory

Filing fees (SCPA 2402)

New York Surrogate’s Court filing fees for a probate petition are graduated by the value of the estate under SCPA 2402. Larger estates pay a higher filing fee. The fee schedule ranges from a nominal amount for very small estates up to a higher cap for the largest estates. Verify the current SCPA 2402 fee for the estate’s value — the schedule is set by statute and the same in Nassau and Suffolk.

Where to file on Long Island

County	Court	Address
Nassau	Nassau County Surrogate’s Court	262 Old Country Road, Mineola, NY 11501
Suffolk	Suffolk County Surrogate’s Court	320 Center Drive, Riverhead, NY 11901

The decedent’s county of domicile (SCPA 205-206) decides which court — a Garden City resident files in Mineola; a Southampton resident files in Riverhead. A western-Suffolk family (say, in Babylon) should note that Riverhead is a real drive east. Both courts accept NYSCEF e-filing.

Probate vs. administration

Probate applies when there is a will — the named executor is appointed. Administration applies when there is no will — the court appoints an administrator by priority under SCPA 1001 (usually the spouse, then children). See executor duties for the distinction.

When the small-estate shortcut applies (SCPA Article 13)

If the decedent owned less than $50,000 in personal property (real estate held solely in the decedent’s name is generally excluded from this count), the estate may qualify for voluntary administration — a simplified, low-cost “small estate” proceeding under SCPA Article 13, without full probate. This is a real time- and cost-saver for modest Long Island estates, though it does not cover a solely-owned home, which still requires a full proceeding.

Frequently asked questions

Where do I file probate if my parent lived in Nassau? In the Nassau County Surrogate’s Court at 262 Old Country Road, Mineola. Venue follows the decedent’s county of domicile under SCPA 205-206.

Do I need the original will? Yes. The Surrogate’s Court requires the signed original. A lost-original case is far harder and may require proving the will’s contents.

How much does probate cost on Long Island? Costs include the SCPA 2402 filing fee (graduated by estate value), plus attorney’s fees and possible accounting costs. The filing fee is the same statewide; verify the current figure.

Can I avoid probate entirely? Yes — assets in a funded revocable trust, jointly owned property, and beneficiary-designation accounts pass outside probate.

Need help navigating Mineola or Riverhead? Book a 30-minute consultation with Russel Morgan, or read the Long Island estate guide.