Westchester County Surrogate's Court: A Complete Probate Guide

I've represented clients in Surrogate's Courts across the New York metropolitan area, and Westchester County's court in White Plains has its own rhythm, its own local practices, and its own set of practical wrinkles that surprise people who assume all Surrogate's Courts operate identically. They don't. While the underlying law comes from the same statewide statutes, the Surrogate's Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law (EPTL), how a courthouse applies those statutes day to day varies. This guide walks through what actually happens when you probate a will or open an administration proceeding in Westchester County, from the first filing to final distribution.

Whether you are named executor in a parent's will, a spouse trying to access joint accounts, or an adult child suddenly responsible for closing out an estate, understanding how Westchester's Surrogate's Court works will save you time, money, and unnecessary stress. This is meant as a practical roadmap, not a substitute for individualized legal advice, but it should tell you what to expect at each stage.

What Does the Westchester Surrogate's Court Handle?

The Westchester County Surrogate's Court sits at 111 Dr. Martin Luther King Jr. Blvd, White Plains, NY 10601, and it has jurisdiction over the estates of anyone who was domiciled in Westchester County at the time of death, as well as real property located in Westchester even if the decedent lived elsewhere. Its docket covers a wide range of matters beyond simple probate, including:

• Probate of wills and appointment of executors
• Administration proceedings for those who died without a will (intestate)
• Voluntary administration for small estates
• Contested probate proceedings, including will contests and objections
• Accounting proceedings, where an executor or administrator must formally report what they did with estate assets
• Guardianship proceedings for minors or incapacitated persons
• Trust proceedings involving testamentary and certain lifetime trusts
• Kinship proceedings to determine heirs when there is no will and no obvious next of kin

For a broader overview of how probate works statewide, see our companion piece on understanding probate in New York. Westchester follows the same statutory framework as every other county, but the clerks, the specific forms preferred locally, and the court's scheduling practices are unique to White Plains.

Filing a Probate Petition in Westchester County

Probate begins when the named executor, or an interested party, files a petition for probate along with the original signed will and a certified death certificate at the Surrogate's Court in White Plains. In my experience, the paperwork itself is where most delays originate, so it pays to get it right the first time.

Required Documents

• The original will (a photocopy is generally not sufficient for probate)
• A certified copy of the death certificate
• A completed probate petition (Form P-1 in most Surrogate's Courts, including Westchester)
• A list of distributees (the decedent's heirs at law under EPTL intestacy rules, even if they are not beneficiaries under the will)
• Waivers and consents from distributees, where obtainable, to avoid formal citation
• An affidavit of the attesting witnesses to the will, or a self-proving affidavit if one was executed with the will

Filing Fees

New York's probate filing fees are set by statute and scale with the size of the estate. In Westchester, as everywhere in the state, you can expect fees ranging from approximately $25 for the smallest estates up to a maximum of $1,250 for estates valued over $500,000. The exact fee is based on the gross value of the estate as reported in the petition, so an accurate initial asset inventory matters even at this early stage.

The Citation and Notice Process

Once the petition is filed, the court needs to ensure that everyone with a legal interest in the estate has notice of the proceeding. This is one of the most misunderstood parts of Westchester probate. Under the SCPA, all distributees, meaning the people who would inherit if there were no will, must either sign a waiver and consent to probate or be formally served with a citation directing them to appear in court on a specific return date.

If a distributee is a minor, incapacitated, unable to be located, or simply unwilling to cooperate, the court may need to appoint a guardian ad litem to represent that person's interests, which adds both time and cost. Missing or estranged heirs are a common complication in Westchester matters, particularly in families with second marriages, estranged children, or relatives who moved out of state decades earlier. Locating these individuals, sometimes through a heir search firm, can add several months to the case.

Where every distributee signs a waiver and consent, the citation step can often be skipped entirely, which is one of the biggest levers available to speed up the process. I routinely encourage clients to reach out to family members proactively, before filing, to gather signed waivers rather than waiting for the court to issue citations.

Timeline Expectations in Westchester Probate

Clients always want a firm number, and I understand why, but the honest answer is that timing depends heavily on the facts. That said, based on handling estates in this courthouse, here is a realistic range:

• Uncontested probate with waivers from all distributees: Approximately 9 to 18 months from filing to final distribution, with letters testamentary often issuing within a few months if the petition is complete and there are no complications.
• Uncontested probate requiring citation of distributees: Add roughly 2 to 4 months for service and the return date, since the court must wait for the citation period to run before issuing letters.
• Contested probate (will contests): These can take well over a year, sometimes several years, particularly if the matter proceeds to a will contest trial or extensive discovery under SCPA Article 14.

For more detail on how these timelines compare statewide, see our post on how long probate takes in New York. Westchester's timeline generally tracks the statewide average, though local court congestion can push things toward the longer end of the range in any given year.

Executor Commissions Under SCPA 2307

Executors and administrators in New York, including those handling estates through Westchester Surrogate's Court, are entitled to statutory commissions under SCPA 2307. These commissions are calculated on a sliding scale based on the value of the estate:

• 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 above $5,000,000

For example, on a $1,000,000 estate, the commission calculation would apply 5% to the first $100,000, 4% to the next $200,000, and 3% to the remaining $700,000. Many family members serving as executor choose to waive some or all of their commission, particularly when they are also a primary beneficiary, since the commission is taxable income while an inheritance generally is not. I always walk clients through this tradeoff before they decide. For a full rundown of what the role involves, see our guide to executor duties and responsibilities in New York.

Small Estates and Voluntary Administration

Not every estate needs to go through full probate. New York provides a simplified voluntary administration procedure for estates where the personal property, excluding certain exempt items, is valued at $50,000 or less. This process is handled by affidavit rather than a full petition and is dramatically faster and less expensive than formal probate, often resolving in a matter of weeks rather than months.

If you are dealing with a Westchester decedent whose only assets were a modest bank account, personal effects, and no real property, it is worth determining right away whether voluntary administration is available before committing to the time and expense of full probate. This is a threshold question I address in nearly every initial consultation.

Common Complications in Westchester Probate Matters

Certain issues come up repeatedly in Westchester estates, and it helps to know them in advance:

• Contested wills: Objections to probate, often based on claims of lack of testamentary capacity, undue influence, or improper execution, transform a routine filing into full litigation governed by SCPA Article 14, complete with depositions (known as SCPA 1404 examinations) of the attorney-drafter and witnesses.
• Missing or estranged heirs: Westchester's diverse and often geographically dispersed families mean that locating every distributee entitled to notice can be a genuine challenge, sometimes requiring a professional heir search or a kinship hearing.
• Real property in multiple counties or states: A Westchester decedent who also owned a vacation property elsewhere may require ancillary proceedings in that other jurisdiction.
• Disputes among co-executors: When siblings are named as co-executors and disagree on how to administer the estate, the court may need to intervene, which slows everything down.
• Creditor claims: Executors must properly notify and address creditor claims before making distributions, and mishandling this step can expose an executor to personal liability.

When to Hire a Local Westchester Probate Attorney

Some estates are simple enough that an executor can manage the filing with minimal assistance. But in my experience, the moment any of the following applies, having experienced local counsel becomes far more than a convenience:

• A distributee refuses to sign a waiver or cannot be located
• There is any possibility of a will contest
• The estate includes real property, business interests, or assets in more than one state
• The named executor lives out of state or is unfamiliar with New York procedure
• There is tension among family members about how the estate should be handled

Morgan Legal Group, P.C. represents clients throughout Westchester County in Surrogate's Court matters, from routine uncontested probates to complicated, litigated estate disputes. We also regularly advise clients on estate planning, wills and trusts, and elder law matters that often intersect with probate, such as Medicaid planning and long-term care considerations for surviving spouses. If you would like a broader look at how the process works across New York's various Surrogate's Courts, our New York probate court guide is a useful companion to this article, and our probate practice page outlines the full range of services we offer.

The Westchester County Surrogate's Court also publishes helpful procedural information directly, which I recommend reviewing alongside guidance from an attorney: Westchester County Surrogate's Court official court information.

Frequently Asked Questions

Where is the Westchester County Surrogate's Court located?

The Westchester County Surrogate's Court is located at 111 Dr. Martin Luther King Jr. Blvd, White Plains, NY 10601. All probate petitions, administration proceedings, and related filings for decedents domiciled in Westchester County are filed there.

How much does it cost to file a probate petition in Westchester County?

Filing fees in Westchester Surrogate's Court are set by statute and scale with the size of the estate, ranging from roughly $25 for very small estates to a maximum of $1,250 for estates valued over $500,000. Additional costs may include fees for certified copies, citation service, and, in some cases, guardian ad litem compensation.

How long does uncontested probate take in Westchester County?

An uncontested probate in Westchester County generally takes between nine and eighteen months from filing the petition to final distribution, depending on the court's calendar, whether all distributees waive citation, and how quickly assets can be marshaled. Contested matters can take considerably longer.

What is the small estate threshold in New York?

New York allows a simplified voluntary administration procedure for estates with personal property valued at $50,000 or less, excluding certain exempt property. This process, handled through an affidavit rather than a full probate petition, is significantly faster and less expensive than formal probate.

How much can an executor be paid in Westchester County?

Executor commissions in New York are set by SCPA 2307 and apply the same statewide, including in Westchester: 5% on the first $100,000 of the estate, 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.