What to Do When Someone Dies in Westchester County, New York
Probate in Westchester County runs through the Surrogate's Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Westchester County, settling their estate runs through the Surrogate's Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Surrogate's Court
Westchester County · 9th Judicial District
Address
111 Dr. Martin Luther King Jr. Blvd, 19th FloorWhite Plains, NY 10601
Paper filing availableE-filing required for attorneysSelf-filing allowed
Accepted paymentCredit card. Credit card via NYSCEF (no service fee to use NYSCEF) or payment at the court; pay-at-court filings are deleted if unpaid within a 14-day period. Fees calculated under SCPA § 2402.
County forms
9th JD Surrogate Forms — Forms for Dutchess, Orange, Putnam, Rockland, and Westchester counties
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 Westchester County, probate runs through the Surrogate's Court at 111 Dr. Martin Luther King Jr. Blvd, 19th Floor, White Plains. The court sits in the 9th Judicial District. Westchester County shares the 9th Judicial District with Dutchess, Orange, Putnam and Rockland.
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. The 7 monthsSCPA § 1802Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in Westchester County
What probate costs in Westchester 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 111 Dr. Martin Luther King Jr. Blvd, 19th Floor, White Plains. The court is part of the 9th Judicial District.
New York charges $45 - $1,250 (based on estate value)N.Y. SCPA § 2402(1), (2), (7)Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the Surrogate's Court (https://iappscontent.courts.state.ny.us/NYSCEF/live/protocols/surrogates/protocolWestchester.pdf). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in New York are negotiated, typically 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is also statutory in New York. Family executors 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%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
If you're handling probate yourself in Westchester County, New York, you can file at the Surrogate's Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 9th Judicial District.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person or by mail. While attorneys are required to e-file in Westchester County, families handling probate themselves are exempt and can file on paper.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Surrogate's Court is realistic.
Forms for Dutchess, Orange, Putnam, Rockland, and Westchester counties
Before You Go
Accepted payment
Credit card. Credit card via NYSCEF (no service fee to use NYSCEF) or payment at the court; pay-at-court filings are deleted if unpaid within a 14-day period. Fees calculated under SCPA § 2402.
Hearing schedule
Wednesdays at 9:30 AM
What to Bring
To file at the Surrogate's Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in Westchester 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 Westchester County are recorded with the County Clerk, led by County Clerk Thomas Roach, at 110 Dr. Martin Luther King Jr. Blvd., White Plains, NY 10601. Phone: (914) 995-3080. Hours: Monday - Friday, 8:30 AM - 4:30 PM.
The County Clerk charges $45 per document plus $5 for every page.
Westchester County accepts electronic recording.
Recording Office Record
County Clerk
Westchester County · County Clerk · Thomas Roach
Address
110 Dr. Martin Luther King Jr. Blvd.White Plains, NY 10601
New York uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Westchester 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 — typically 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Westchester 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.
Rye Brook (Westchester County) firm serving Westchester, Putnam and Rockland families, including Carmel and Brewster. Handles probate administration, estate administration, trust administration and guardianship, alongside wills, trusts, Medicaid and long-term-care planning, and special-needs planning. Its two founders hold nearly six decades of combined experience.
PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 5 more
Office
800 Westchester Avenue, Suite N-605Rye Brook, NY 10573
Carmel solo practice filing directly with the Putnam County Surrogate's Court, which sits in the same town. Files the original will and probate petition, notifies every legal heir and beneficiary, marshals and inventories the estate's assets, settles valid debts and the final state and federal returns, and completes the formal transfer of property to the beneficiaries.
Elmsford firm, formerly in White Plains, guiding Westchester executors through probate in the Surrogate's Court of the county where the decedent lived. Walks the executor through the probate petition and death certificate, publication and citation notice to distributees, inventorying and appraising property, paying creditors, distributing the residue, and filing the estate's income, gift and estate tax returns. Both principals are trained mediators who try to settle beneficiary disputes before litigating them.
PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 6 more
White Plains elder law and estate firm with a second office in Somers, serving the greater Westchester County area through the Surrogate's Court. Files the will and petitions for letters testamentary, values estate assets, notifies beneficiaries, works with the family accountant on estate tax returns and distributes the estate; where there is no will, petitions for letters of administration instead. Nine attorneys, and its guardianship practice covers Article 81 guardianship of an incapacitated adult as well as 17-A special needs guardianships.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 4 more
White Plains firm serving Westchester, Rockland and Putnam counties. Submits a recently deceased relative's estate for probate or administration in the Surrogate's Court and carries the transfer of assets through, then litigates will contests and other estate disputes, using alternative dispute resolution where a probate fight would drain the estate. Drafts wills, powers of attorney, health care proxies and living wills alongside the firm's employment and civil-rights practice.
Yonkers firm representing Westchester executors and administrators from the first Surrogate's Court filing through the order closing the estate. Handles the probate petition for letters testamentary or the administration petition for letters of administration, determines distributees and creditors, prepares the inventory and family tree affidavits, pays debts and distributes property. Also litigates contested accountings and will contests.
PracticesEstate PlanningEstate AdministrationProbateProbate Litigationand 3 more
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.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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Westchester County Guides
Step-by-step tools for families in Westchester County, New York.
