Probate in Long Island: Nassau & Suffolk Surrogate’s Courts

Probate on Long Island is handled by one of two separate Surrogate’s Courts — Nassau County Surrogate’s Court in Mineola or Suffolk County Surrogate’s Court in Riverhead — depending solely on the county where the decedent was domiciled at death (SCPA 205–206). Long Island is not one probate jurisdiction. The process is governed by New York’s Surrogate’s Court Procedure Act (SCPA) and the Estate Powers and Trusts Law (EPTL).

This hub orients Long Island families to what probate actually involves here, which statute governs each step, and where to begin — without the sales pitch. It is built for executors, surviving spouses, and adult children dealing with a Nassau or Suffolk estate.

The Long Island Angle: Two Counties, Single-Family Homes, and the Riverhead Drive

Long Island probate looks different from New York City probate in ways that matter for every estate here. NYC estates are dominated by co-op shares and condos; Long Island estates are dominated by real property — single-family homes in places like Garden City, Massapequa, Huntington, and Smithtown — plus assets you rarely see in Manhattan files: boats, marina slips, small family businesses, and seasonal East-End second homes in the Hamptons and on the North Fork.

The other defining fact is geography. A Suffolk decedent’s estate must be filed in Riverhead, far out on the East End. For a family in Babylon, Islip, or western Suffolk, that is a genuine 45-to-90-minute drive each way — a practical consideration when planning court appearances and filings. Nassau families file in Mineola, centrally located off the Meadowbrook Parkway.

Start Here: The Long Island Probate Pillars

• The Long Island estate guide — the deep, county-by-county resource on Nassau vs. Suffolk filing realities, home transfers, boats, and East-End homes.
• The NY probate process — the full step-by-step HowTo from filing the petition to closing the estate.
• Nassau & Suffolk Surrogate’s Courts — jurisdiction, addresses, NYSCEF e-filing, and venue under SCPA 205.
• Executor duties — what an executor or administrator must do, plus SCPA 2307 commissions.
• Contested estates & will contests — standing, grounds, and SCPA 1404 examinations.
• Wills under NY law — EPTL 3-2.1 execution rules and what happens without a will.
• Estate taxes — the NY estate-tax “cliff” that appreciated Long Island homes can trigger.

How Probate Works on Long Island, at a Glance

1. Locate the original will and the death certificate.
2. File a probate petition in Nassau (Mineola) or Suffolk (Riverhead) Surrogate’s Court under SCPA 1402.
3. Notify distributees — heirs receive a citation if they don’t sign waivers.
4. Receive letters testamentary, the court’s authority for the executor to act.
5. Marshal assets, pay debts and taxes, then distribute to beneficiaries.
6. Account and close the estate, formally or informally.

See the full breakdown in our Long Island probate process guide.

Local Court & Statute Snapshot

Addresses and phone numbers should be confirmed against the court’s current listing before filing.

Common Questions

Is Long Island one Surrogate’s Court? No. Nassau and Suffolk are two distinct counties with two distinct courts; the decedent’s county of domicile controls. More in our FAQ.

How long does probate take here? A straightforward, uncontested estate often runs roughly 6 to 9 months; contested or complex estates run longer. See the probate process guide.

Do I always need probate? Not for small estates under $50,000 in personal property, which can use voluntary administration under SCPA Article 13. Details in the estate guide.

About This Resource

This site is published by Morgan Legal Group, a New York estate and probate practice led by attorney Russel Morgan. The firm focuses on New York trusts, estates, and Surrogate’s Court practice across Nassau and Suffolk Counties. Learn more on our About page.

Talk Through Your Long Island Estate

If you’re facing a Nassau or Suffolk estate and want orientation before you file, you can book a 30-minute consultation with Russel Morgan via Calendly. This is an informational consult to help you understand your next step — start with the Long Island estate guide if you want to read first.