What to Do When Someone Dies in Westchester County, New York

How probate works in Westchester County: the Surrogate's Court record, what the process costs, and how to file there.

Probate Court Record

Westchester County Surrogate's Court

Westchester County · 9th Judicial District

Hours

Monday-Friday 9:00 AM-5:00 PM

Office

111 Dr. Martin Luther King Jr. Boulevard, 19th Floor, White Plains, NY 10601

Self-represented filing

Allowed

Self-help forms

E-filing

Required for attorneysE-filing through NYSCEF is mandatory in probate, administration, accounting and miscellaneous proceedings commenced on or after May 3, 2017, and consensual in small estate and guardianship proceedings. The court does not take e-filed documents in a proceeding begun on paper unless the chief clerk's office directs it. Self-represented filers are exempt under Uniform Rule 207.4-aa(e)(1) and may choose to e-file. On paper: Small estate proceedings (consensual); Guardianship proceedings (consensual).

Self-represented filing

AllowedSelf-represented filers file on paper at the court or may choose to e-file, and the Pro Se Help Center assists them.

Accepted payment

  • At the counterCredit card.Fees are paid by credit card through NYSCEF, with a card fee, or at the court until 3:30 p.m. A filing marked pay at court is deleted if the fee is not received within 14 days of e-filing.

Self-help center

  • Self-help service1-914-824-5701 · westchestersurrogateshelpcenter@nycourts.govThe Pro Se Help Center assists people filing without a lawyer. It can also be reached at 914-824-5687.

Verified October 16, 2026 · Source

How Probate Works in Westchester 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 Westchester County, probate runs through the Surrogate's Court at 111 Dr. Martin Luther King Jr. Boulevard, 19th Floor, White Plains. The court sits in the 9th Judicial District. Probate e-filing in Westchester County runs through nycourts.gov, not the iappscontent.courts.state.ny.us portal used by most New York counties.

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 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. Boulevard, 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 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 Westchester County, New York are filed at the Surrogate's Court. The court sits in the 9th Judicial District. Westchester County shares the 9th Judicial District with Dutchess, Orange, Putnam and Rockland.

The Pro Se Help Center assists people filing without a lawyer. It can also be reached at 914-824-5687.

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 Westchester County Self-Filing Assessment.

Westchester 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

Correspondence and recorded documents

General correspondence in an e-filed case is e-filed with no working copy. Recorded documents such as a power of attorney, a right of election and original bonds may be filed and paid through NYSCEF, but the originals are also filed with the court.

Source

Document Requirements

Original will and death certificate within two business days

The will is scanned without being unstapled, and the original will is filed within two business days of e-filing. A hard copy of the death certificate, certified if required, is filed within the same two business days.

Source

Working copies over 50 pages

Accounting and miscellaneous filings over 50 pages also go to the court as working copies with proof of e-filing attached.

Source

Getting to the Surrogate's Court

Bus

Bee-Line Bus System

Parking

Metered parking is available at the library and Galleria parking garages.

The court lists the Bee-Line Bus System and Metro-North for public transportation.

What 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 Westchester County

In Westchester 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

Westchester County · State vital records office

Certified copies

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

Mail

New York State Department of Health Vital Records Certification Unit P.O. Box 2602 Albany, NY 12220-2602

Verified October 15, 2026 · Source

Coroner or Medical Examiner Record

Medical Examiner

Westchester County · Westchester County Medical Examiner's Office, Department of Laboratories and Research

Office

10 Dana Road, Valhalla, NY 10595

Release of remains

1-914-231-1600 · After hours, investigator on call · (option 1)

Mail and offices

Morgue releases

Monday-Sunday 8:00 AM-3:45 PM

Verified November 1, 2026 · Source

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 at 110 Dr. Martin Luther King Jr. Boulevard, White Plains, NY 10601. Phone: 1-914-995-3080. 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 through PREP.

Recording Office Record

County Clerk

Westchester County

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

110 Dr. Martin Luther King Jr. Boulevard, White Plains, NY 10601

Fees

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
Transfer tax on a TOD deedTOD 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 Westchester County

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, 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.

Serves 3 countiesEstate PlanningTrust AdministrationProbateElder LawGuardianship+3

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.

Solo PracticeServes 3 countiesEstate PlanningProbateBusiness LawReal Estate

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.

Since 2010Serves 1 countyEstate PlanningTrust AdministrationProbateProbate LitigationElder Law+4

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.

Since 2004Serves 1 countyEstate PlanningProbateElder LawTax PlanningGuardianship+2

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.

Serves 3 countiesEstate PlanningProbateProbate Litigation

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.

Serves 1 countyEstate PlanningProbateProbate LitigationTrust LitigationBusiness LawReal Estate

See all 44 firms serving Westchester County →

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)·

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.

See the Steps

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.

See the Steps

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.

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