When someone who lived on Staten Island dies, the estate usually goes through the Richmond County Surrogate's Court. The court is at 18 Richmond Terrace on Staten Island. Most families have never dealt with a Surrogate's Court, and they tend to start with the same questions. Is this the right court? Do we need probate, administration, or a small estate proceeding? Who has to be notified? Do we have to file electronically? This guide answers those questions in plain terms. It covers how New York law sets up each path, what the court looks at, and where families tend to get stuck. It does not replace advice on your own facts. For that, call us at (212) 518-3868 or schedule a Free Consultation.
What the Richmond County Surrogate's Court Handles
Every county in New York has a Surrogate's Court. Richmond County covers the borough of Staten Island. The court oversees the estates of people who were domiciled on Staten Island when they died. It also handles some estates of people who lived elsewhere but left property in the county. The proceedings families run into most often are:
- Probate, when the person left a will and someone asks the court to admit it and appoint the named executor.
- Administration, when there is no will (intestacy) and the court appoints an administrator.
- Small estate (Article 13) proceedings, a simpler route for estates with limited personal property.
- Related matters, such as objections to a will, creditor claims, fiduciary accountings, and disputes over commissions.
Our Staten Island probate page explains how we help families with these filings. Our probate and administration hub covers the rest of New York City and Long Island.
Is Staten Island the Right Court? Venue and Domicile
First, check whether the estate belongs in Richmond County at all. Under SCPA 205, the proper venue for the estate of a New York domiciliary is the county where the person was domiciled at death. If your parent's permanent home was a house on Staten Island, the case generally belongs in Richmond County. That is true even if they died in a hospital in another borough, in a rehabilitation facility, or out of state.
Domicile is not always obvious. Some people spend winters out of state. Others move in with a relative in Brooklyn or New Jersey near the end of life. Domicile can be disputed; get advice if the decedent spent time in more than one place. If there is a real question about domicile, settle it before filing. Filing in the wrong county can cause delay and expense.
Different rules apply when the person was not a New York domiciliary. Under SCPA 206, venue for a non-domiciliary estate can lie in a county where the person left property, among other grounds. The statute also says the court where the first proceeding is brought keeps jurisdiction. That is one reason to coordinate early when a relative who lived out of state owned a Staten Island house or kept a bank account here.
Three Main Paths: Probate, Administration, and Article 13
The table below compares the three paths at a high level. Which one fits depends on whether there is a will, what the person owned, and how each asset was titled.
| Path | When it applies | Who usually petitions | Key statute |
|---|---|---|---|
| Probate | The decedent left a will | The named executor, a beneficiary, or another interested person | SCPA 1402, 1408 |
| Administration | No valid will | A distributee (close relative) in priority order | SCPA 1001, 1002 |
| Small estate (Article 13) | Personal property with a gross value of $50,000 or less | Varies by situation | SCPA 1301 |
Before choosing a path, list what the person owned and how each item was titled so counsel can confirm which assets require court authority. The court proceeding only has to deal with what is left in the decedent's own name. On Staten Island that is often the family house.
Filing Electronically: NYSCEF in Richmond County
Electronic filing has changed for Staten Island estates. Under Administrative Order AO.158.25, a mandatory e-filing program through the New York State Courts Electronic Filing system (NYSCEF) took effect on June 30, 2026 in the Surrogate's Courts of Richmond, Kings, Queens, and Bronx Counties.
What this means in practice:
- Expect to file through NYSCEF. New Richmond County Surrogate's Court matters covered by the program are filed electronically, not on paper over the counter.
- Check the scope before filing. The order and the court's own rules define which case types and filers are covered, and they may provide exemptions. Older guidance, forms, or checklists written before June 30, 2026 may describe e-filing as optional. Rely on the current rules.
- Original documents still matter. E-filing changes how papers reach the court. It does not change what the court needs to see. Keep the original will safe and follow the court's instructions about it.
If you are representing yourself and have questions about the e-filing requirement, check the court's official page or the NYSCEF site for current instructions before you prepare papers.
Probate in Richmond County
Who can file
SCPA 1402 lists who may petition for probate. The list includes beneficiaries named in the will (legatees and devisees), a named fiduciary, a guardian, a creditor, and other persons interested in the estate. It also covers a person eligible to serve as administrator c.t.a. (with the will annexed), and the Public Administrator or County Treasurer. In most families, the named executor files.
What the court looks at
Under SCPA 1408, the court must be satisfied that the will was properly executed and that the testator was competent to make it. The court can look into the facts before admitting the will.
New York's rules for signing a will are in EPTL 3-2.1. The testator must sign the will at the end. The testator signs, or acknowledges the signature, in front of each of two witnesses and tells each witness that the document is their will. The witnesses must sign within one 30-day period. There is a rebuttable presumption that this 30-day requirement was met. In practice, a lawyer usually supervises the signing as one continuous ceremony. That traditional two-witness method is the one that applies today.
New York has passed a law allowing electronic wills, but it is not in effect until December 12, 2027. For now, a will offered for probate on Staten Island should have been signed the traditional way. Do not confuse electronic wills with electronic filing. E-filing through NYSCEF is how papers reach the court. It does not make an electronically signed will valid.
Will contests and no-contest clauses
Some wills include a no-contest (in terrorem) clause. Under such a clause, a beneficiary who challenges the will loses their gift. Under EPTL 3-3.5, these clauses are generally enforceable even if the challenger had probable cause. The statute does list safe harbors. A beneficiary does not forfeit for claiming forgery or a later revocation with probable cause. The same protection covers a beneficiary who is an infant or incompetent, and one who objects to the court's jurisdiction. Seeking disclosure, refusing to join in or sign a consent, taking part in SCPA 1404 examinations, and bringing construction proceedings are also protected. Anyone thinking about objecting to a will in Richmond County should read the exact clause and get advice first.
Our page on probating a will covers the executor's side of the process in more detail.
Administration When There Is No Will
Who has priority to serve
When a Staten Island resident dies without a will, someone has to ask the court to appoint an administrator. SCPA 1001 sets the order of priority:
- the surviving spouse;
- then the children;
- then grandchildren;
- then a parent;
- then brothers and sisters;
- then other distributees, with preference to those taking the largest share.
Sometimes the only distributees are certain more remote relatives on one side of the family. In that case the statute directs letters to the Public Administrator or chief fiscal officer instead. SCPA 1002 addresses who may petition for letters of administration.
Who inherits
Under EPTL 4-1.1, intestate shares generally follow these patterns (confirm current statute language with counsel):
- Spouse and children (issue): the spouse receives $50,000 plus one-half of the residue. The rest goes to the issue by representation.
- Spouse and no issue: the spouse takes everything.
- Issue and no spouse: the issue take everything.
- No spouse or issue: the estate passes to the parents. Next come the issue of the parents (siblings and their descendants). After them come the grandparents or their issue, one-half to each side, with limits on how far down the line it goes. Last are great-grandchildren of the grandparents, per capita.
Proving family relationships is often the hard part. A sibling may have died, there may be half-siblings, or relatives may live abroad. In those cases, expect the court to want documents that establish who the distributees are. Our page on administering an estate without a will explains this process in more detail.
Small Estates Under SCPA Article 13
For modest estates, New York offers a simpler route. Under SCPA 1301, a "small estate" is one where the decedent's personal property has a gross value of $50,000 or less. The threshold was raised from $30,000 effective November 25, 2019.
A few practical points:
- The threshold looks at personal property, meaning items such as bank accounts, a car, or personal belongings. Do not assume the estate qualifies until you have checked how each asset is titled and what it is worth.
- A house in the decedent's sole name is real property, not personal property. When the main asset is a Staten Island home, you will need advice on whether Article 13 fits at all. List how each asset is titled and confirm with counsel which assets require court authority.
- Whether Article 13 makes sense depends on the specific assets and on what the bank, transfer agent, or other institution will accept. Get advice on your facts before assuming this route will work.
See our page on small estate (voluntary) administration for how we help with these matters.
Notice to Interested Parties
Before the court admits a will or appoints an administrator, people with an interest in the estate generally need to be brought into the case. How that notice is handled depends on the petition. We walk families through the notice steps for a Staten Island estate. Call (212) 518-3868 or schedule a free consultation.
Court Filing Fees
Filing fees in Surrogate's Court are set by statute in SCPA 2402, and they go up with the size of the estate.
The same statute sets separate fees for certain filings. Filing objections or a jury demand, and filing a note of issue, carry separate court fees. Bills have been introduced in Albany that would change parts of this schedule, so the fees may change. Confirm the current amount with the court before filing. These are court fees only, not legal fees.
After Letters Issue: What the Fiduciary Does
Once the court issues letters testamentary (probate) or letters of administration, the fiduciary has authority to act for the estate. Common next steps include:
- Gathering assets. This means opening an estate account, collecting bank and brokerage balances, and securing the house and its contents.
- Handling creditors. Under SCPA 1802, a fiduciary gets statutory protection for good-faith payments or distributions after seven months from the date letters were first issued. Under SCPA 1803, a creditor's claim must be in writing and state the facts and the amount. It must be delivered as the statute allows, which includes certified mail.
- Tax filings. An estate may need to file New York fiduciary income tax returns. For calendar-year filers, Form IT-205 for tax year 2025 was due April 15, 2026. Otherwise the return is generally due on the 15th day of the fourth month after the tax year closes. An extension of up to six months is available. For estate tax, New York's basic exclusion amount for deaths in 2026 is $7,350,000. The federal basic exclusion amount for 2026 is $15,000,000. New York's estate tax also has a "cliff." The credit phases out quickly for estates just above the exclusion and disappears entirely above 105% of it.
- Accounting and distribution. The fiduciary pays valid debts and expenses, accounts to the beneficiaries, and distributes what remains under the will or the intestacy statute.
Executor and administrator commissions
New York sets fiduciary commissions by statute. Under SCPA 2307, 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;
- 2% on amounts over $5,000,000.
Half the commission is for receiving property and half is for paying it out. Many family executors waive commissions. The rule still matters when someone outside the family serves or when beneficiaries disagree.
Practical Tips for Staten Island Estates
- Find the original will. Check safe deposit boxes, the drafting attorney's files, and the decedent's papers.
- Get several certified death certificates. Banks, transfer agents, and the court will each want one.
- Build the family tree early. The names, current addresses, and relationships of all distributees help identify who must be brought into the case.
- Protect the house. Many Staten Island estates center on a family home. Keep homeowner's insurance in force, notify the carrier if the house is vacant, and keep up with utilities and maintenance. Do not let a relative move in or start renovations before someone has authority.
- Set up for e-filing. Since June 30, 2026, Richmond County Surrogate's Court filings fall under the AO.158.25 mandatory e-filing program. Gather clean scans of the papers you will need.
- Do not pay estate debts from your own funds unless you understand how, and whether, you will be paid back.
- Do not promise relatives a date. How long a Staten Island estate takes depends on the paperwork, the parties, and whether anyone objects. Our guides on the New York probate timeline and how long probate takes in New York explain what drives the timing.
For a statewide overview, read our New York probate guide. If you are handling a Staten Island estate and want to talk it through, our Staten Island estate planning team can help. You can also start with our Staten Island probate page. Call (212) 518-3868 or request a Free Consultation.
Frequently Asked Questions
Where is the Richmond County Surrogate's Court?
The court is at 18 Richmond Terrace on Staten Island. Check the court's official page for current hours and visitor procedures before you go.
Do I have to e-file in the Richmond County Surrogate's Court?
Under Administrative Order AO.158.25, mandatory e-filing through NYSCEF took effect on June 30, 2026 in the Richmond County Surrogate's Court, along with the Kings, Queens, and Bronx Surrogate's Courts. Check the current rules for which case types and filers are covered and whether any exemption applies.
My father lived on Staten Island but died in a hospital in Manhattan. Which court handles his estate?
Under SCPA 205, venue for a New York domiciliary is the county of domicile at death. If his permanent home was on Staten Island, the estate generally belongs in the Richmond County Surrogate's Court, no matter where he died.
Who gets appointed if there is no will?
SCPA 1001 gives priority to the surviving spouse, then children, then grandchildren, then a parent, then siblings, then other distributees. Who inherits is governed by EPTL 4-1.1.
Can the executor act before the will is admitted?
Possibly. Under SCPA 1412, the named executor can ask for preliminary letters after the probate petition is filed and process has issued, or earlier if the court allows. The court can limit those powers and may require a bond.
How much does it cost to file?
Court filing fees under SCPA 2402 depend on the size of the estate. Pending legislation could change the schedule, so confirm the current fee with the court.
How long does a Staten Island estate take?
There is no fixed answer. Timing depends on whether all parties sign waivers, whether interested persons must be notified, whether anyone objects, and how complex the assets are. We do not promise deadlines. After reviewing your situation, we can give you a realistic picture.
Can you help if I live outside New York?
Yes. Many executors and family members live outside New York. Our attorneys are licensed in New York, and we regularly work with out-of-state fiduciaries on Staten Island estates. Call (212) 518-3868 to schedule a Free Consultation.