Probate is the court process that proves a deceased person’s will is valid and authorizes an executor to administer the estate. On Long Island, you file in either Nassau County Surrogate’s Court (Mineola) or Suffolk County Surrogate’s Court (Riverhead), based on the decedent’s county of domicile (SCPA 205). A typical uncontested Long Island estate takes roughly 6 to 9 months; contested estates take longer.
This guide walks through each step under New York’s Surrogate’s Court Procedure Act (SCPA), with the specifics that matter in Nassau and Suffolk.
Where You File: Nassau vs. Suffolk
Venue is set by where the decedent lived, not where they died or owned property. A Garden City resident’s estate is filed in Nassau County Surrogate’s Court, 262 Old Country Road, Mineola. A Riverhead, Southampton, or even Babylon resident’s estate is filed in Suffolk County Surrogate’s Court, 320 Center Drive, Riverhead — and the Riverhead location is a real travel factor for western Suffolk families. Both courts accept e-filing through NYSCEF.
Step-by-Step: Probating a Long Island Will
Step 1 — Locate the original will
The court requires the original signed will, not a copy. Photocopies trigger a presumption the will was revoked and require extra proof.
Step 2 — Order death certificates
Order several certified copies. Banks, the court, and title companies each want their own.
Step 3 — File the probate petition (SCPA 1402)
The named executor files a probate petition with the court, attaching the original will, death certificate, and a list of distributees (the people who would inherit if there were no will).
Step 4 — Notify distributees by waiver or citation
Every distributee must either sign a waiver and consent or be served with a citation ordering them to appear. Unknown or out-of-state heirs make this step longer.
Step 5 — Receive letters testamentary
Once the court is satisfied, it admits the will and issues letters testamentary — the document that proves the executor’s authority to banks, brokerages, and the county clerk.
Step 6 — Marshal and inventory assets
The executor gathers accounts, secures the home, and inventories property. On Long Island this routinely includes a single-family house, vehicles, and sometimes a boat, marina slip, or family business.
Step 7 — Pay debts, claims, and taxes
Creditors have a claim window (SCPA 1802). The executor pays valid debts, files the decedent’s final income tax return, and files any NY estate-tax return if the estate exceeds the threshold — appreciated Long Island homes can push estates over the line.
Step 8 — Distribute to beneficiaries
After debts and taxes, the executor distributes what the will directs. Transferring the house means deeding real property out of the estate through the county clerk.
Step 9 — Account and close
The executor provides an accounting — informal (beneficiaries sign releases) or a formal judicial accounting if anyone objects — and closes the estate.
Required Documents Checklist
- Original signed will (plus any codicils)
- Certified death certificate
- Probate petition (SCPA 1402)
- Family tree / affidavit of heirship identifying distributees
- Waivers and consents, or citations served
- Filing fee (by estate value)
Filing Fees by Estate Value (SCPA 2402)
| Estate value (less than) | Filing fee |
|---|---|
| $10,000 | $45 |
| $20,000 | $75 |
| $50,000 | $215 |
| $100,000 | $280 |
| $250,000 | $420 |
| $500,000 | $625 |
| $500,000 and over | $1,250 |
Fee figures follow the SCPA 2402 schedule; verify the current amount with the court before filing.
Probate vs. Administration
If there is a will, you probate it and the named executor serves. If there is no will, the estate goes through administration, and the court appoints an administrator under the SCPA 1001 priority list. See executor and administrator duties.
When You Can Skip Full Probate
If the decedent left under $50,000 in personal property (not counting real estate that passes outside the estate), the family may use voluntary administration (small-estate proceeding) under SCPA Article 13 — a far simpler, cheaper process. A Long Island house owned solely by the decedent, though, usually pushes the estate past small-estate limits.
Timeline on Long Island
| Phase | Typical duration |
|---|---|
| File petition to letters issued | 1–3 months (uncontested) |
| Marshaling, debts, taxes | 3–6 months |
| Distribution and accounting | 1–3 months |
| Total (uncontested) | ~6–9 months |
Suffolk’s caseload and the Riverhead location can add scheduling time; Nassau’s Mineola court is centrally located but busy.
Frequently Asked Questions
How long does probate take in Nassau County? An uncontested Nassau estate filed in Mineola usually closes in about 6 to 9 months. Delays come from locating heirs, selling the home, or objections.
Do I need a lawyer to probate a will on Long Island? It is not legally required, but most executors retain counsel because the petition, citations, and accountings are technical and mistakes cause delays.
What if the heirs all agree? When every distributee signs a waiver and consent, probate is faster and no citation is needed — often the difference between 4 months and 9.
Ready to map your estate’s timeline? Book a 30-minute consult or read the Long Island estate guide.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.