Lake Success (Nassau County) firm guiding executors, administrators, trustees and beneficiaries through New York Surrogate's Court — probate, estate and trust administration, and contested estates and objections to a will or to fiduciary conduct. Also handles estate planning, retirement-distribution planning, Medicaid and elder law. Absorbed the Berwitz & DiTata estate practice.
What to Do When Someone Dies in Suffolk County, New York
How probate works in Suffolk County: the Surrogate's Court record, what the process costs, and how to file there.
Probate Court Record
Suffolk County Surrogate's Court
Suffolk County · 10th Judicial District
Phone
Hours
Office
Website
E-filing
Self-represented filing
Self-help forms
E-filing
Self-represented filing
Accepted payment
- At the counterCredit card, Check.Card payment is made through NYSCEF at filing, with no added charge, or the fee is paid at the court; a filing paid at the court is deleted if the fee is not paid within two business days. Checks are payable to "Clerk of the Surrogate's Court", and an out-of-state check is held until it clears.
Hearing schedule
- The process calendar is called in person at 9:30 a.m. on Tuesday process days, and motions are made returnable on a process day. Motions are decided on the papers unless argument is directed or granted.
County forms
- Suffolk Surrogate's Forms and ResourcesThe court's own citation forms for probate, administration, accounting, compulsory accounting and guardianship, SCPA 1404 and 2211 stipulations and the AI certification.
- Records Request FormOrders copies, certified or exemplified copies and certified searches by mail from the cashier.
Fax
Departments
- Probate1-631-852-1725
- Administration1-631-852-1714
- Accounting1-631-852-1720Accounting and miscellaneous proceedings share this line.
- Guardianship1-631-852-1735
- Cashier1-631-852-1730Certified copies and mailed records requests go to the cashier. Requests made after 2:45 p.m. are processed the next business day.
- Records1-631-852-1724Cases filed after June 2009 are on the public access computers; older paper files are kept off site and retrieved at 10 a.m. and 2 p.m. daily on a requisition form. Staff do not run searches or give search results by phone.
Verified October 16, 2026 · Source
How Probate Works in Suffolk County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Suffolk County, probate runs through the Surrogate's Court at 320 Center Drive, Riverhead. The court sits in the 10th Judicial District. Suffolk County uses nycourts.gov for probate e-filing, while most New York counties file through iappscontent.courts.state.ny.us.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under New York intestacy law when there is no will.
Most New York estates take 9 months to 15 months to move through this process. Creditors have 7 monthsSCPA 1802, 1803, 1810, 1811; EPTL 11-1.5Verified Oct 19, 2026View source to present a claim, counted from the opening of the estate.
What Probate Costs in Suffolk County
What probate costs in Suffolk County, New York comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Surrogate's Court at 320 Center Drive, Riverhead. The court is part of the 10th Judicial District.
New York charges $45 - $1,250 (based on estate value)N.Y. SCPA § 2402(1), (2), (7)Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in New York are negotiated, typically 2.5%Modeled estimate under SCPA § 2110 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 4%Modeled estimate under SCPA § 2110 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
New York sets executor compensation by statute — about $19,000 on a $500,000 estate, roughly 3.8%SCPA § 2307Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under SCPA §§ 710, 801, 805Verified Sep 8, 2026View source of estate value annually.
Probate in New York typically runs 9 months to 15 months, and costs accrue throughout that period.
How to File Probate at the Surrogate's Court
Probate cases in Suffolk County, New York are filed at the Surrogate's Court. The court sits in the 10th Judicial District. The same 10th Judicial District also serves Nassau.
Beside the filing office, the court lists separate lines for Probate, Administration, Accounting, and Guardianship.
Can You File Without an Attorney?
In New York, informal probate is not availableSCPA § 1408 (court must inquire into all facts before admitting a will to probate)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
For a full cost comparison and filing checklist, see the Suffolk County Self-Filing Assessment.
Suffolk County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Search NYSCEF for the decedent before filing
Before an initial filing, run a NYSCEF search on the decedent's last name with the first initial. The court does not answer phone calls asking whether a proceeding has been filed.
SourceStipulations e-filed and emailed to the chief clerk's office
A stipulation to be so-ordered is e-filed and also emailed to sufsur-chiefclerk@nycourts.gov, with proof of e-filing attached to the back. Urgent matters are flagged to the same office by affidavit or affirmation.
SourceDocument Requirements
Certified death certificate and original will within 2 business days
Besides the e-filed copies, a certified death certificate and the original paper will are filed within two business days of e-filing, and the will is scanned without unstapling. Both can be filed in person at 320 Center Drive.
SourceCourt Appearances
In-person appearances required for some matters
The process calendar, orders to show cause, orders to attend and be examined and orders to compel production of a will are heard in person. Other appearances may be virtual at the court's discretion.
SourceRecords Access
Will safekeeping searches need a certified death certificate
To ask whether a deceased person left a will in safekeeping, a certified death certificate is brought or mailed to the cashier with a letter. Staff do not search for or discuss safekept wills by phone.
SourceOther Requirements
Stamped return envelopes with at least 2 ounces of postage
Requested documents are mailed back only in self-addressed stamped envelopes with at least 2 ounces of postage. Without one, documents go to the attorney pick-up bin in the clerk's office.
SourceWhat to Bring
Filed with the opening petition at the Surrogate's Court: Death certificate — one must be filed on any application for letters testamentary, letters of administration, or voluntary administration; alternate evidence of death may be accepted in the court's discretion (22 NYCRR 207.15(b)); Original will and any codicils (filed with the Petition for Probate) (SCPA Art. 14); Estimate of gross estate value (personal and real property, gross rents for 18 months, and any wrongful-death/personal-injury cause of action) in the petition (22 NYCRR 207.16(a)(2))N.Y. Surrogate's Court Procedure Act Art. 14 (§§ 1401-1424, probate; § 1402 who may propound will/contents of petition; § 1414 letters testamentary); Art. 10 (§ 1001 et seq., administration); Art. 13 (§§ 1301-1312, small estate)Verified Aug 24, 2026View source.
Death Certificates and the Medical Examiner in Suffolk County
In Suffolk County certified copies of the death certificate come from the Registrar of Vital Statistics of the town or city where the death occurred, or from New York State Department of Health - Vital Records Section.
Vital Records Office Record
New York State Department of Health - Vital Records Section
Suffolk County · State vital records office
Phone
Website
Certified copies
Certified copy fees
| First certified copy | $30 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Medical Examiner
Suffolk County · Suffolk County Office of the Medical Examiner
Phone
Hours
Office
Website
Mail and offices
Fax
Verified November 1, 2026 · Source
Transferring Property in Suffolk County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Clerk.
Deeds and other real property documents for Suffolk County are recorded with the County Clerk at 310 Center Drive, Riverhead, NY 11901. Phone: 1-631-852-2000. Hours: Monday-Friday 9:00 AM-5:00 PM.
The County Clerk charges $45 per document plus $5 for every page.
Suffolk County accepts electronic recording through Simplifile, ePN and CSC.
Recording Office Record
County Clerk
Suffolk County
Phone
Hours
Office
Website
E-recording
Fax
Recording fees
| Document fee (per document) | $45 |
| Each page | $5 |
| TP-584 Combined Real Estate Transfer Tax ReturnNot required for a TOD deed | $5 |
| RP-5217 Real Property Transfer Report (Residential/Agricultural)Not required for a TOD deed | $125 |
| RP-5217 Real Property Transfer Report (Commercial/Other)Not required for a TOD deed | $250 |
| Real Property Tax Service Agency Verification FeeApplies to a TOD deed | $200 |
| County Real Property Transfer Report Fee (EA-5217)Not required for a TOD deed | $5 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
CPLR § 8021(a)(4) (county-adjustable); RPL § 333(3)(ii) (RP-5217 filing fee); county-published fee schedules
Verified October 17, 2026 · Source
Probate Attorneys Serving Suffolk County
New York uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Suffolk County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in New York are based on reasonable compensation, billed hourly or as a flat fee. Ask a Suffolk County firm to quote a structure up front.
A probate attorney files the petition with the Surrogate's Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Jericho (Nassau County) firm filing for Long Island families in the Nassau and Suffolk Surrogate's Courts. Handles probate, letters of administration and estate administration, wills and trusts, trustee and beneficiary representation, elder law and special-needs planning. Attorneys handle each case personally rather than passing it to staff.
East Setauket (Suffolk County) firm with three more Long Island and Manhattan offices, practicing in trusts and estates, elder law and real estate. Walks executors and administrators through a Surrogate's Court file: the petition to appoint, waivers and consents from distributees under EPTL 4-1.1, Letters Testamentary or Letters of Administration, the estate account and asset inventory, creditor payment, estate taxes, releases and the final accounting. Also handles objections to a will, guardianship, and Medicaid and long-term-care planning.
Woodbury solo handling Nassau County probate through the Surrogate's Court in Mineola. Haner files probate petitions, gets executors appointed under letters testamentary, and brings compulsory-accounting and will-contest proceedings when a fiduciary refuses to account. The site carries fourteen plain-language Surrogate's Court explainers covering citations, renunciations, temporary administration and venue.
Setauket (Suffolk County) practice handling probate, estate administration, and trust and estate litigation in the Surrogate's Court, serving Long Island and the New York metro area. Drafts wills, trusts, and special-needs and business-succession plans, and brings adult guardianship proceedings, with phone, virtual, and office consultations offered at no charge.
Mineola attorney-CPA handling Nassau County estate settlement in the Surrogate's Court. Kutner takes administrators through probate and through the non-probate transfers that sit outside it, including estates holding real property in more than one county, and serves as executor and trustee himself. He also oversees the trust, estate and tax departments of a Manhattan firm as of counsel.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
(9)·
- N.Y. SCPA § 2402(1), (2), (7)
- N.Y. Surrogate's Court Procedure Act Art. 14 (§§ 1401-1424, probate; § 1402 who may propound will/contents of petition; § 1414 letters testamentary); Art. 10 (§ 1001 et seq., administration); Art. 13 (§§ 1301-1312, small estate)
- SCPA § 1408 (court must inquire into all facts before admitting a will to probate)
- SCPA § 2307
- SCPA 1802, 1803, 1810, 1811; EPTL 11-1.5
- CPLR § 8021(a)(4) (county-adjustable); RPL § 333(3)(ii) (RP-5217 filing fee); county-published fee schedules
- Suffolk County Surrogate's Court, official page
- Suffolk County Clerk, official page
- Suffolk County vital records and death investigation offices, official page
Data sourced from New York statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in New York
Free tools for settling an estate in New York: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for New York.
How Do I Settle an Estate?
Settling an estate in New York: the personal representative files the estate inventory within 270 days22 NYCRR 207.20Verified Sep 15, 2026View source of appointment; creditors have 7 monthsSCPA 1802, 1803, 1810, 1811; EPTL 11-1.5Verified Oct 19, 2026View source to present claims; a simple estate closes in 7 months to 9 months.
How Do I Settle a Trust?
Settling a trust in New York happens outside court: the trustee acts under the state's trust statuteN.Y. EPTL Article 7Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
Can I Self-File Probate?
In New York, informal probate is not availableSCPA § 1408 (court must inquire into all facts before admitting a will to probate)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
Hire a New York Probate Attorney
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