When someone who lived on Staten Island dies, their estate is generally handled in the Surrogate's Court of Richmond County. Schwartsman Law Group works with executors, administrators, and families on Staten Island probate and administration, from the first petition to the issuance of letters and the work of settling the estate after that. Our attorneys are licensed in New York. Call (212) 518-3868 or schedule a free consultation.

This page covers the Richmond County process. For an overview of probate across New York, see our probate and administration page.

Where a Staten Island Estate Is Filed

Under SCPA 205, an estate is filed in the county where the decedent was domiciled. For a Staten Island resident, that is Richmond County Surrogate's Court, which sits at 18 Richmond Terrace, Staten Island. Our Richmond County Surrogate's Court guide covers the courthouse and what to expect there.

If the decedent lived outside New York but left property on Staten Island, SCPA 206 may allow a proceeding in Richmond County as the county where the property is located. If proceedings could be brought in more than one county, the court where the first proceeding is filed generally keeps jurisdiction. Because the choice of county affects everything that follows, we confirm venue before filing.

Probate When There Is a Will

Probate is the court process that admits a will and appoints the executor. Under SCPA 1402, a probate petition may be filed by a person named in the will as a beneficiary or fiduciary, by a creditor, or by another person interested in the estate. In most Staten Island estates, the named executor files.

Under SCPA 1408, the court must be satisfied that the will was properly executed and that the testator was competent to make it. New York's execution rules are in EPTL 3-2.1. In general, a will must:

be signed by the testator at the end of the document;
be signed in front of each attesting witness, or the signature acknowledged to each witness;
include a declaration by the testator to each witness that the document is their will; and
be signed by at least two witnesses, within one 30-day period.

We review the original will and how it was signed early, so problems come up before filing, not after.

Preliminary Letters for Urgent Matters

Some estates can't wait for a will to be admitted. A property may need insurance, bills may come due, or a business may need someone with authority to act. SCPA 1412 lets the executor named in the will ask in writing for preliminary letters after the probate petition has been filed and process has issued, or earlier if the court allows.

Some key points about preliminary letters:

When there is more than one will, the executor named in the latest will generally has priority.
The court may limit the preliminary executor's powers, and it may require or waive a bond.
Preliminary letters are revoked if the court issues a decree denying probate.

We help executors decide whether preliminary letters are worth seeking and prepare the request.

Administration When There Is No Will

When a Staten Island resident dies without a will, the court appoints an administrator. SCPA 1001 sets the order of priority for letters of administration: the surviving spouse first, then children, grandchildren, a parent, siblings, and then other distributees. Among other distributees, priority goes to those who take the largest share.

Who inherits is governed by EPTL 4-1.1. Some common outcomes:

Spouse and children: the spouse receives $50,000 plus one-half of the remainder, and the rest passes to the children (or their descendants) by representation.
Spouse, no children: the spouse receives everything.
Children, no spouse: the children (or their descendants) receive everything.
No spouse or descendants: the estate passes to parents, then to the descendants of parents (such as siblings, nieces, and nephews), and then to more distant relatives as the statute provides.

Administration proceedings require identifying every distributee so the court can appoint the right person under SCPA 1001 and 1002. Identifying every distributee correctly from the start helps avoid delays later.

Small Estates: $50,000 or Less

Not every estate needs full probate or administration. Under SCPA 1301, a small estate is one whose personal property has a gross value of $50,000 or less. (The limit was raised from $30,000 in 2019.) In those cases, Richmond County Surrogate's Court offers a simplified small-estate affidavit procedure that is generally faster and less formal than a full proceeding.

Whether an estate qualifies depends on what the decedent owned, how each asset was titled, and its value. We review the asset list with you and tell you whether the small-estate route is available.

Court Filing Fees (SCPA 2402)

The Surrogate's Court charges a filing fee based on the size of the estate.

Other fees apply to certain filings. For example, filing objections or a jury demand, and filing a note of issue, carry separate court fees. Bills that would change parts of this schedule have been introduced in the Legislature, so the fees may change. We confirm the current fee before each filing.

Electronic Filing in Richmond County

Under Administrative Order AO.158.25, a mandatory electronic filing (NYSCEF) program took effect on June 30, 2026 for the Surrogate's Courts in Richmond, Kings, Queens, and Bronx Counties. Which matters and filers the program covers is set by the order and the court's rules. We handle NYSCEF filings for our Staten Island clients and keep up with the court's current requirements.

After Letters Issue: Settling the Estate

Receiving letters testamentary or letters of administration is the start of the fiduciary's work, not the end. A Staten Island executor or administrator typically needs to:

Collect and safeguard assets, including bank accounts, investments, and real property.
Handle creditor claims. Under SCPA 1802, a fiduciary who pays claims in good faith after seven months from the first issuance of letters is generally protected against claims they didn't know about. Under SCPA 1803, a creditor's claim should be in writing and state the facts and the amount.
Address taxes. For dates of death in 2026, the New York estate tax basic exclusion amount is $7,350,000, and the federal basic exclusion amount is $15,000,000. An estate's New York fiduciary income tax return (Form IT-205) is generally due on the 15th day of the fourth month after the close of the estate's tax year; for a calendar year, that is April 15.
Account and distribute. The fiduciary reports to the beneficiaries or the court, pays expenses, and distributes the remaining property under the will or EPTL 4-1.1.

Executors and administrators may be entitled to statutory commissions under SCPA 2307, calculated on a sliding percentage scale based on the property they receive and pay out. We explain how commissions work so fiduciaries and beneficiaries know what to expect.

How long a Staten Island estate takes depends on the assets, the family, whether anyone objects, and the court's schedule. We can't promise a timeline, but we keep clients informed at every stage.

Objections and No-Contest Clauses

Sometimes a family member objects to probate. Many wills include a no-contest (in terrorem) clause, which can cause a beneficiary who contests the will to lose their gift. Under EPTL 3-3.5, these clauses are generally enforceable, but the statute protects certain actions. These include, among others, a contest claiming forgery or a later revocation when brought with probable cause, objections to jurisdiction, and examinations of certain witnesses under SCPA 1404. Before filing objections or responding to them, it's important to understand how a specific no-contest clause applies.

How Schwartsman Law Group Helps With Staten Island Probate

Reviewing the will, the assets, and the family tree to find the right proceeding: probate, administration, or small estate.
Preparing and filing petitions, waivers, and supporting papers in Richmond County Surrogate's Court.
Requesting preliminary letters when the estate needs someone to act right away.
Advising fiduciaries on collecting assets, creditor claims, taxes, accountings, and distribution.
Representing executors, administrators, and beneficiaries when objections arise.

We also help Staten Island families plan ahead with wills, trusts, and powers of attorney. Learn more about our Staten Island estate planning attorney services.

Talk to a Staten Island Probate Attorney

If you have been named executor, or a family member has died without a will, we can help you understand the next steps in Richmond County. Call (212) 518-3868 or request your free consultation.

Staten Island Probate Attorney (Richmond County)