Queens County Surrogate's Court Guide

Queens County Surrogate's Court is where the estates of people who lived in Queens are probated and administered. If a parent, spouse, sibling, or other relative was domiciled in Queens when they died, this is very likely the court that will issue the letters a fiduciary needs. Those letters let the fiduciary collect assets, pay bills, deal with real estate, and distribute what is left. This guide covers which proceeding fits which estate, who can file, who serves when there is no will, the filing fees, how creditor claims work, and the filing habits that keep a Queens estate moving.

This is general information about New York law. It is not legal advice for a particular estate. For a Free Consultation, call (212) 518-3868.

Queens County Surrogate's Court at a Glance

• Location: 88-11 Sutphin Blvd., Jamaica, NY. Before you go, check the court's page on nycourts.gov for current hours, clerk contact information, and building notices.
• What it handles: probate, administration, and small estates for Queens decedents. It also handles other estate matters, such as accountings, guardianships, and will disputes.
• Electronic filing: Under Administrative Order AO.158.25, NYSCEF filing became mandatory in Queens County Surrogate's Court effective June 30, 2026.
• Governing law: mainly the Surrogate's Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law (EPTL), together with the court rules.

Is Queens the Right Court? Venue Under SCPA 205 and 206

Venue follows the decedent's domicile. Under SCPA 205, the estate of a New York domiciliary is handled in the county where the person was domiciled at death. If the decedent lived in Queens, the estate generally belongs in Queens County Surrogate's Court. That is true even if the person died in a hospital or nursing home in another county.

Domicile questions come up more often than families expect. For example, a parent may have moved in with a child on Long Island during a final illness, or split time between Queens and Florida. In cases like these, raise some practical questions with counsel before anything is filed. Where did the person live most of the time? Where did they vote and file taxes? Which address was on their driver's license? Where did they plan to return? These questions are not the legal test, but the answers help counsel assess the issue. Settle any real doubt before filing, because starting in the wrong county wastes time and money.

Some decedents were not New York domiciliaries but left property here, such as a Queens house or a New York bank account. For them, SCPA 206 places venue in a county where that property is located. The court where the first proceeding is started keeps jurisdiction.

Probate, Administration, or Small Estate

Most Queens estates fall into one of three tracks:

Which track fits a particular family depends on whether there is a will, what the decedent owned, and how each asset was titled. Before choosing a path, gather recent account statements, deeds, insurance and retirement paperwork, and any beneficiary forms, and have counsel review them. For a statewide overview, see our Surrogate's Court navigation guide and our probate and administration services.

Probate in Queens: SCPA 1402 and 1408

Who can file

Under SCPA 1402, a probate petition can be filed by the executor named in the will. It can also be filed by:

• legatees and devisees;
• guardians;
• creditors;
• other people interested in the estate;
• a person eligible to serve as administrator c.t.a. (with the will annexed); and
• where appropriate, the Public Administrator or County Treasurer.

The named executor usually files. If that person is unwilling or unavailable, another eligible person can start the case so the estate does not stall.

What we typically gather

When we prepare a Queens probate filing, the file usually includes:

• the probate petition;
• the original will and any codicils;
• a certified death certificate;
• a list of the distributees (the people who would inherit if there were no will);
• information about the attesting witnesses; and
• consents from interested persons, or the information needed to give them formal notice.

A copy of the will is not a simple substitute for the original. If the original cannot be found, discuss it with counsel before filing.

How the court reviews the will

Under SCPA 1408, the court must look into the facts and be satisfied that the will was properly executed and that the testator was competent. The execution rules are in EPTL 3-2.1:

• the will must be signed at the end;
• it must be signed, or the signature acknowledged, in front of each of two attesting witnesses;
• the testator must declare to each witness that it is their will; and
• the two witnesses must sign within one 30-day period.

New York has passed electronic will legislation (EPTL 3-6.1 and following), but it is not yet in effect. Under current law, it takes effect December 12, 2027. Until then, Queens probate filings depend on paper wills signed the traditional way, before two witnesses.

No-contest clauses

If the will contains a no-contest clause, a beneficiary thinking about objecting should get advice first. EPTL 3-3.5 generally enforces these clauses, but it also provides safe harbors. These include:

• a contest claiming forgery or a later revocation, if brought with probable cause;
• objections to the court's jurisdiction; and
• examinations of witnesses under SCPA 1404.

Beneficiaries often use these steps to decide whether a contest is worth pursuing.

Preliminary Letters Under SCPA 1412

Probate can stall while relatives are located or someone decides whether to object. Meanwhile, a house still needs insurance and accounts still need attention. Under SCPA 1412, the named executor may ask in writing for preliminary letters testamentary once the probate petition is filed and process has issued, or earlier if the court allows. If there are competing wills, the executor named in the latest one has priority. The court may limit the preliminary executor's powers and may require or waive a bond. The letters are revoked if a decree denies probate. In practice, preliminary letters are most useful for protecting real property or a business while probate is pending, not for distributing the estate.

Administration When There Is No Will

Who inherits under EPTL 4-1.1

• Spouse and children or other descendants (issue): the spouse receives $50,000 plus one-half of the rest of the estate. The balance passes to the issue by representation.
• Spouse and no issue: the spouse takes everything.
• Issue and no spouse: the issue take everything.
• No spouse and no issue: the estate passes first to parents, then to the parents' issue (siblings, nieces, and nephews), then to the grandparents' lines, with one-half to each side. The grandparents' lines are limited to the grandparents' grandchildren, meaning first cousins. Further rules cover more remote relatives.

Who serves under SCPA 1001

SCPA 1001 sets the order of priority for letters of administration:

• the surviving spouse;
• then children;
• then grandchildren;
• then parents;
• then siblings; and
• then other distributees, with preference to those taking the largest share.

Sometimes the only distributees are issue of grandparents on one side of the family (other than aunts and uncles). In that case, letters go to the public administrator or the county's chief fiscal officer rather than to those relatives. SCPA 1002 addresses who may petition for administration.

When several relatives share the same priority, or a relative lives overseas, coordinating everyone often sets the pace of the whole case. Starting those conversations early helps.

Small Estates Under SCPA Article 13

Under SCPA 1301, as amended effective November 25, 2019, a small estate is one whose personal property has a gross value of $50,000 or less. The earlier limit was $30,000. Article 13 offers a simpler process than full probate or administration, often called the small estate affidavit process.

Whether a particular Queens estate qualifies depends on what the decedent owned and how it was held. Have counsel review the assets before relying on the small estate route. Otherwise the family may start one proceeding and then have to switch to another.

Consents and Notice

Before the court admits a will or grants letters, the people with a legal stake in the outcome must either consent or receive formal notice of the proceeding. Anyone who receives notice can raise objections.

• Reach out early. Gathering consents from cooperative relatives at the start is one of the simplest ways to keep a case on track.
• Allow extra time for relatives abroad. Many Queens estates have distributees living outside the United States, and reaching them usually takes longer. Tell counsel about every relative you know of, wherever they live.
• Flag special situations. Tell counsel at the outset if a distributee is a minor, has a disability, or cannot be found. These situations can add steps.

Kinship and Proving the Family Tree

Sometimes the closest relatives are siblings, nieces and nephews, or cousins. Then the people claiming the estate need to show that they really are the decedent's distributees and that no closer relative exists. This is often called proving kinship. In practice, it relies on birth, marriage, and death records for each link in the family tree, often backed by statements from people who knew the family. Records from other countries may need certified translations.

Estates that pass to cousins, or to families whose records were lost after emigrating, often take much longer. If you believe you are related to someone who died in Queens without a will, gather documents early. Get advice before signing any agreement with an heir-search company.

Electronic Filing on NYSCEF

Under Administrative Order AO.158.25, NYSCEF filing became mandatory in Queens County Surrogate's Court effective June 30, 2026. The same order covers the Bronx, Kings, and Richmond County Surrogate's Courts.

• Confirm the current requirements on the NYSCEF site and the court's page before filing.
• For the original will and any other originals, follow the court's instructions.
• Upload complete, legible scans. Filings sent back for missing pages or unsigned forms are a common delay, and an avoidable one.

Filing Fees Under SCPA 2402

Surrogate's Court filing fees are set statewide by SCPA 2402. For probate and administration, the fee depends on the value of the estate.

Some later steps have their own fees, such as filing objections, a jury demand or a note of issue.

Fee schedules can change. These amounts reflect SCPA 2402 as currently in effect, and bills have been introduced in Albany that would change parts of the schedule. Confirm the current fee with the court before filing. These are court fees, not legal fees.

Creditor Claims Under SCPA 1802 and 1803

• SCPA 1802: once seven months have passed from the date letters were first issued, a fiduciary who pays claims or distributes assets in good faith is protected against creditors who had not presented their claims by then.
• SCPA 1803: a claim must be in writing, state the facts and the amount, and be delivered to the fiduciary in person or by certified mail.

Many Queens fiduciaries keep a reserve and hold off on final distribution until the seven months have passed and known debts, taxes, and expenses are settled. Families planning ahead for long-term care can visit our Queens Medicaid planning page.

Commissions and Taxes

Under SCPA 2307, executors and administrators are entitled to statutory commissions, figured on the property they receive and pay out. Half of the commission is for receiving property and half for paying it out. The rates are:

• 5% on the first $100,000;
• 4% on the next $200,000;
• 3% on the next $700,000;
• 2.5% on the next $4,000,000; and
• 2% on amounts above $5,000,000.

Most Queens estates owe no New York estate tax, but larger estates should check early. For deaths in 2026, the New York basic exclusion amount is $7,350,000. Estates that exceed it by more than 5% lose the exclusion entirely. The estate may also need to file fiduciary income tax returns. New York's fiduciary return is generally due on the 15th day of the fourth month after the end of the estate's tax year. For calendar-year 2025 returns, that date was April 15, 2026.

How Long Does a Queens Estate Take?

There is no fixed timeline. An uncontested probate where everyone consents can move much faster than an administration with relatives abroad, a kinship question, or a will contest. Common delays include:

• a missing original will or questions about how it was signed;
• distributees abroad who are hard to reach;
• incomplete death certificates or family records;
• NYSCEF filings sent back for corrections;
• real estate that must be secured, insured, or sold; and
• objections that turn an uncontested matter into litigation.

For more, see How long does probate take in New York?

Practical Filing Notes for Queens

• Secure the original will. Check the home, any safe deposit box, and the office of the attorney who drafted it. Do not remove staples or attach anything to it.
• Order several certified death certificates. The court, banks, and title companies may each want one.
• Build the family tree before filing. Counsel will need a complete list of distributees, even when there is a will.
• Value assets carefully. The filing fee depends on the value of the estate. Keep account statements showing values on the date of death.
• Protect real property. A vacant Queens house needs insurance, utilities, and regular checks. If probate will take time, ask about preliminary letters.
• Keep estate money separate. Once letters issue, open an estate account and run all estate money through it.
• Check court notices. Procedures and forms can change, so review the court's page on nycourts.gov before filing or visiting.

How Schwartsman Law Group Helps

Schwartsman Law Group PLLC is a New York trusts and estates firm. We represent executors, administrators, and beneficiaries in Queens County Surrogate's Court. Our work includes:

• preparing and e-filing probate and administration petitions;
• gathering consents, including from relatives abroad;
• requesting preliminary letters;
• handling creditor claims; and
• representing clients in contested matters.

We work with clients in English and Russian, and we advise on New York law only. Visit our Queens probate attorney page or call (212) 518-3868 for a Free Consultation.

Frequently Asked Questions

Where is Queens County Surrogate's Court?

The court is at 88-11 Sutphin Blvd., Jamaica, NY. Check nycourts.gov for current hours and clerk contact details before visiting.

Is electronic filing required in Queens Surrogate's Court?

Yes. Under Administrative Order AO.158.25, NYSCEF filing became mandatory in Queens County Surrogate's Court effective June 30, 2026. For the original will and other originals, follow the court's instructions. Confirm current requirements before filing.

Can I use the small estate process if the estate is under $50,000?

Under SCPA 1301, a small estate is one whose personal property has a gross value of $50,000 or less. Whether a particular estate qualifies depends on what the decedent owned and how it was held, so have counsel review the assets first.

What if a relative will not consent?

People with a legal stake who do not consent must receive formal notice of the proceeding, and they can raise objections. Counsel can explain how that affects your case.

Can the executor act before the will is admitted to probate?

Yes, in some cases. Under SCPA 1412, the named executor can request preliminary letters once the petition is filed and process has issued, or earlier if the court allows. The court may limit the executor's powers and may require or waive a bond.

How long do creditors have to present claims?

Under SCPA 1802, once seven months have passed from the first issuance of letters, a fiduciary who pays or distributes in good faith is protected against creditors who had not presented claims by then. Under SCPA 1803, claims must be in writing.

What are the filing fees?

SCPA 2402 sets fees based on estate value. Fees can change, so confirm them with the court before filing.

Who handles an estate when there are no close relatives?

Sometimes the only distributees are issue of grandparents on one side of the family (other than aunts and uncles). In that case, SCPA 1001 directs letters to the public administrator or the county's chief fiscal officer. Anyone who believes they are entitled to inherit should act promptly and be ready to prove kinship.