Long Island Probate Court Lawyer

Although New York does not have courts officially named “probate courts,” probate matters on Long Island are handled through one of two Surrogate’s Courts, depending on where the deceased person was domiciled at the time of death. If you are settling the estate of a loved one who lived on Long Island, determining which court has authority over the estate is often one of the first legal questions that must be answered. Understanding how the Surrogate’s Courts on Long Island work can help you better understand the probate process, estate administration, and other proceedings that may arise after a person’s death.

At Stephen Bilkis & Associates, our experienced Long Island probate lawyers represent executors, administrators, beneficiaries, heirs, trustees, and other interested parties in proceedings before both the Nassau County Surrogate’s Court and the Suffolk County Surrogate’s Court. Stephen Bilkis, founder of Stephen Bilkis & Associates, has been selected to Super Lawyers, recognized as a Top-Rated Lawyer by Justia, earned an Excellent rating from Avvo, and listed among the best attorneys in New York by organizations such as Expertise.com and TopLawyer.com. Whether your matter involves probate, estate administration, a trust dispute, a will contest, or another Surrogate’s Court proceeding, we help clients throughout Long Island understand their legal options and navigate the court process.

What Is the Surrogate’s Court on Long Island?

On Long Island, there is no court called the “Long Island Surrogate’s Court.” Instead, Long Island is served by two separate Surrogate’s Courts: the Nassau County Surrogate’s Court and the Suffolk County Surrogate’s Court. One of the first things we do when working with clients on estate matters is determine which Surrogate’s Court is the appropriate court for the proceeding.

Although they serve different counties, both courts handle many of the same types of proceedings. These include probate, estate administration, trust proceedings, guardianships of the property of minors, many adoption proceedings, and other matters assigned to the Surrogate’s Court under New York law. Both courts apply the same New York statutes, but each has its own Surrogate, clerk’s office, filing procedures, and local practices.

The Surrogate’s Courts on Long Island are located at:

Nassau County Surrogate’s Court
262 Old Country Road, 3rd Floor
Mineola, New York. 11501

Suffolk County Surrogate’s Court
320 Center Drive
Riverhead, New York. 11901

Whether a matter belongs in Nassau County or Suffolk County depends on the particular facts of the case. Our experienced Long Island probate court lawyers help clients identify the appropriate court, prepare the required documents, and guide them through the probate, estate administration, or other Surrogate’s Court proceeding from beginning to end.

Which Surrogate’s Court on Long Island Has Authority Over My Loved One’s Estate?

After determining that a Surrogate’s Court proceeding is necessary, the next step is identifying which of Long Island’s two Surrogate’s Courts has the legal authority to handle the estate. In most cases, that determination is based on where your loved one was domiciled at the time of death. Domicile is the legal term for a person’s permanent home or primary legal residence. Under SCPA § 205(1), proceedings relating to the estate of a New York domiciliary are generally brought in the county where the decedent was domiciled at the time of death.

For example, if your loved one was domiciled in Babylon, Brookhaven, Huntington, Islip, Riverhead, Smithtown, or another community in Suffolk County, the proceeding will generally be filed in the Suffolk County Surrogate’s Court. If your loved one was domiciled in Hempstead, North Hempstead, Oyster Bay, Garden City, Great Neck, or another community in Nassau County, the proceeding will generally be filed in the Nassau County Surrogate’s Court.

The importance of determining a person’s domicile is illustrated by Matter of Schellbach, 2017 NY Slip Op 31761(U) (Sur. Ct. Nassau Cnty. 2017). In that case, the Nassau County Surrogate’s Court was required to determine the decedent’s domicile before deciding whether it had jurisdiction over the probate proceeding.

Determining the correct court at the outset can help avoid unnecessary delays and ensure that the appropriate proceeding is filed in the proper county. Our experienced Long Island probate court lawyers regularly help clients determine the proper venue for an estate proceeding and prepare the documents needed to begin the process.

What Types of Matters Are Handled by the Surrogate’s Courts on Long Island?

Whether an estate is handled in Nassau County or Suffolk County, the Surrogate’s Courts have authority to decide many of the same legal issues. Some families simply need legal authority to settle a loved one’s estate, while others turn to the court because a disagreement has developed or guidance is needed before the estate can move forward.

The Surrogate’s Courts on Long Island commonly handle matters such as:

• Recognizing a loved one’s will. If someone dies with a will, the court determines whether the will is legally valid and appoints the executor named in the will by issuing Letters Testamentary. See SCPA art. 14.
• Appointing someone to handle an estate when there is no will. If no valid will exists, the court may appoint an administrator to collect assets, pay valid debts, and distribute the remaining property according to New York’s intestacy laws. See EPTL § 4-1.1; SCPA §§ 1001-1002.
• Helping families resolve disagreements about a will. Questions sometimes arise about whether a will was properly signed, whether the deceased had the mental capacity to make a will, or whether someone exercised undue influence. For example, in Matter of Scalisi, 2026 NY Slip Op 50863(U) (Sur. Ct. Nassau Cnty. 2026), the court admitted a will to probate even though the decedent incorrectly described the relationship of one beneficiary because the decedent’s intent was clear.
• Resolving disputes involving trusts. Beneficiaries may ask the court to review a trustee’s actions, require an accounting, or resolve disagreements about how trust property is being managed. In Matter of Castellucci, 147 A.D.3d 826 (2d Dep’t 2017), the court required a trustee to provide an accounting to a trust beneficiary.
• Reviewing the actions of executors, administrators, and other fiduciaries. If concerns arise about how an estate or trust is being managed, the Surrogate’s Court may review the fiduciary’s conduct, require financial accountings, or grant other appropriate relief.
• Handling simplified proceedings for qualifying small estates. Some estates qualify for voluntary administration, which provides a more streamlined process than full probate or estate administration. See SCPA art. 13.

Although many proceedings before the Surrogate’s Courts on Long Island involve the estates of deceased individuals, the courts also have jurisdiction over other types of matters assigned to them under New York law. These include many adoption proceedings, certain guardianship proceedings involving minors and incapacitated individuals, and other proceedings within the Surrogate’s Court’s jurisdiction. Our experienced Long Island probate court lawyers represent clients in estate-related matters as well as these other types of proceedings before both the Nassau County and Suffolk County Surrogate’s Courts.

Will Every Estate on Long Island Require a Surrogate’s Court Proceeding?

Not every estate requires a proceeding before one of the Surrogate’s Courts on Long Island. One of the first things our experienced Long Island probate court lawyers do is determine whether court involvement is necessary. The answer depends on the property your loved one owned, how that property was titled, and whether legal authority from the court is needed to administer or transfer the estate.

A proceeding before the Nassau County Surrogate’s Court or the Suffolk County Surrogate’s Court is commonly required in situations such as:

• Assets owned solely by the deceased. If your loved one owned a home, bank account, investment account, or other property solely in their name, a probate or estate administration proceeding may be necessary before those assets can be transferred to the appropriate beneficiaries or heirs.
• No valid will exists. If your loved one died without leaving a valid will, the Surrogate’s Court may appoint an administrator to collect estate assets, pay valid debts, and distribute the remaining property according to New York’s intestacy laws. See EPTL § 4-1.1; SCPA §§ 1001-1002.
• A will contest or will challenge is filed. If someone disputes whether a will is valid, the Surrogate’s Court decides the issue. For example, objections may allege that the will was not properly executed, that the deceased lacked testamentary capacity, or that the will resulted from undue influence or fraud.
• A trust dispute arises. The Surrogate’s Court may become involved if beneficiaries question how a trustee is administering a trust, request an accounting, or ask the court to resolve another dispute involving the trust.
• A guardian must be appointed. If a minor inherits money or other property, the Surrogate’s Court may appoint a guardian of the property to manage those assets until the child reaches adulthood.

On the other hand, many assets pass directly to another person without the need for a Surrogate’s Court proceeding. These commonly include jointly owned property with rights of survivorship, life insurance proceeds payable to a named beneficiary, retirement accounts with designated beneficiaries, payable-on-death (POD) and transfer-on-death (TOD) accounts, and assets held in a properly funded living trust.

The treatment of jointly owned property is illustrated by Matter of Cooper, 2004 NY Slip Op 51697(U) (Sur. Ct. Nassau Cnty. 2004). In that case, the Nassau County Surrogate’s Court considered whether several financial accounts were owned jointly with rights of survivorship. Under New York Banking Law § 675, qualifying joint accounts are presumed to pass to the surviving account holder unless that presumption is successfully rebutted.

Because every estate is different, the need for a Surrogate’s Court proceeding depends on the specific facts of the case. Our experienced Long Island probate court lawyers can review your family’s circumstances, explain whether court involvement is necessary, and, if it is, determine whether the proceeding should be filed in the Nassau County Surrogate’s Court or the Suffolk County Surrogate’s Court.

What Happens After I File My Loved One’s Estate With the Surrogate’s Court?

Filing the initial petition with either the Nassau County Surrogate’s Court or the Suffolk County Surrogate’s Court is only the beginning of the estate administration process. After the court receives the petition and supporting documents, it reviews the filing to determine whether the legal requirements have been satisfied. The documents submitted often include the original will, if one exists, a certified copy of the death certificate, and other forms required for the particular proceeding.

Although every estate is different, the process often includes the following steps:

• Reviewing the petition. The court reviews the petition and supporting documents to determine whether they comply with New York law. Depending on the proceeding, additional information or documents may be requested before the matter moves forward.
• Providing notice to interested parties. In many proceedings, heirs, beneficiaries, and other interested parties must receive legal notice that the proceeding has been filed unless notice is waived or another exception applies. See SCPA art. 3.
• Appointing a fiduciary. If the court determines that the requirements have been met, it may appoint an executor by issuing Letters Testamentary or appoint an administrator by issuing Letters of Administration. These court-issued documents provide the legal authority to act on behalf of the estate. See SCPA art. 14; SCPA §§ 1001-1002.
• Administering the estate. The executor or administrator gathers and safeguards estate assets, pays valid debts, files any required tax returns, and carries out the other responsibilities required by New York law. Under EPTL § 11-1.5, fiduciaries are generally afforded certain protections when making distributions after the applicable seven-month creditor period has expired.
• Distributing estate property. After the estate has been administered and all legal obligations have been satisfied, the remaining property is distributed to the beneficiaries named in the will or, if there is no will, to the decedent’s heirs as determined under New York law.

Not every estate follows the same path. Because disputes involving creditor claims, accountings, asset valuations, or other estate issues can delay the administration process for months or even years, having an experienced probate court attorney on Long Island by your side can help keep the estate moving forward as efficiently as possible.

Frequently Asked Questions

Contact Stephen Bilkis & Associates

Whether your matter belongs in the Nassau County Surrogate’s Court or the Suffolk County Surrogate’s Court, having experienced legal guidance can make the estate process easier to understand and navigate. Our probate court attorneys serving Long Island represent executors, administrators, beneficiaries, heirs, trustees, and other interested parties in probate proceedings, estate administration matters, trust disputes, will contests, guardianship proceedings, and other matters before the Surrogate’s Courts on Long Island. Stephen Bilkis, founder of Stephen Bilkis & Associates, has been selected to Super Lawyers, recognized as a Top-Rated Lawyer by Justia, earned an Excellent rating from Avvo, and listed among the best attorneys in New York by organizations such as Expertise.com and TopLawyer.com.

If you have questions about probate, estate administration, or another matter involving a Surrogate’s Court on Long Island, contact us today at 800.696.9529 to schedule a free, no-obligation consultation. We proudly represent clients throughout Nassau County, Suffolk County, Manhattan, the Bronx, Brooklyn, Queens, Westchester County, and the surrounding areas.