Nassau County Surrogate’s Court

The Nassau County Surrogate’s Court is the New York court responsible for handling probate, estate administration, and many other legal matters involving the affairs of deceased individuals. If you recently lost a loved one, you may have questions about the court’s role, the types of cases it handles, and what to expect if your family needs to appear there.

At Stephen Bilkis & Associates, our Nassau County Surrogate’s Court lawyers represent executors, administrators, beneficiaries, heirs, trustees, and other interested parties in proceedings before the Nassau County Surrogate’s Court. Stephen Bilkis, founder of Stephen Bilkis & Associates, has been recognized by Super Lawyers, received an Avvo Excellent rating, and earned recognition from Justia, Expertise.com, and TopLawyer.com. Whether you are seeking to probate a will, administer an estate, establish a guardianship, or resolve a dispute involving an estate or trust, we provide practical legal guidance tailored to your unique circumstances.

What is the Nassau County Surrogate’s Court?

The Nassau County Surrogate’s Court is part of the New York court system and serves Nassau County residents in matters involving estates, trusts, guardianships, adoptions, and related proceedings. New York has a Surrogate’s Court in each county, so estate matters are generally handled in the county connected to the person who died.

In Nassau County, the Surrogate’s Court is located at:

Nassau County Court House
262 Old Country Road, 3rd Floor
Mineola, NY 11501

The judge who presides over Surrogate’s Court is called the Surrogate. The current Nassau County Surrogate is Hon. David P. Sullivan. The court’s main phone number is 516-493-3800, and the Chief Clerk’s number is 516-493-3805.

A Nassau County Surrogate’s Court lawyer can help determine whether a matter belongs in this court, what type of proceeding is required, and what documents must be filed. For families dealing with an estate, this section of the court system is often where the legal process begins.

What kinds of cases does the Nassau County Surrogate’s Court handle?

While the Nassau County Surrogate’s Court is generally associated with probate and estate cases, it has jurisdiction over many other types of proceedings. Jurisdiction determines which types of cases a court is allowed to hear and decide. In addition to probate, the Nassau County Surrogate’s Court has jurisdiction over estate administration, trusts, certain guardianships, adoptions, and other matters assigned to it under New York law.

Some of the most common matters handled by the court include:

• Probate proceedings. If someone dies with a valid will, the Surrogate’s Court determines whether the will is legally valid. If the court admits the will to probate, it appoints the executor named in the will by issuing Letters Testamentary, which are legal documents that give the executor authority to act on behalf of the estate.
• Estate administration. If someone dies without a valid will, the Surrogate’s Court may appoint an administrator to settle the estate. The court issues Letters of Administration, which authorize the administrator to collect assets, pay valid debts, and distribute the remaining property to the deceased person’s legal heirs according to New York’s intestacy laws. See EPTL § 4-1.1; SCPA §§ 1001-1002.
• Small estate proceedings. Some smaller estates qualify for a simplified process called voluntary administration. This procedure may allow certain assets to be collected without a full probate or estate administration proceeding. See SCPA art. 13.
• Trust matters. The Surrogate’s Court hears many cases involving trusts, which are legal arrangements in which one person, called a trustee, manages property for the benefit of another person or group of people, known as beneficiaries. These matters may involve disputes, requests for guidance from the court, accountings, or questions about how a trust should be administered.
• Guardianship proceedings. The Surrogate’s Court has authority over certain guardianship matters, including appointing a guardian to manage property inherited by a minor. A guardian is someone the court appoints to manage property or make decisions on another person’s behalf. See, e.g., SCPA art. 17.
• Adoptions. The Surrogate’s Court has jurisdiction over many adoption proceedings in Nassau County. The court reviews the required documents and, if all legal requirements have been satisfied, issues an order approving the adoption.
• Estate disputes. The Surrogate’s Court resolves disagreements involving estates and trusts. These may include will contests, objections to probate, disputes involving executors, administrators, trustees, or other fiduciaries, which are people who have a legal duty to act in someone else’s best interests. The court may also review accountings, which are detailed financial reports showing how an estate or trust has been managed.

Every matter before the Nassau County Surrogate’s Court is different, and the appropriate proceeding depends on the facts and circumstances of the case. Our experienced Nassau County Surrogate’s Court lawyers have represented clients in all types of proceedings before the Nassau County Surrogate’s Court, including probate, estate administration, trust matters, guardianships, adoptions, and estate litigation.

Do I have to go to the Surrogate’s Court if my loved one died?

We understand that no one wants to have to go to Surrogate’s Court after losing a loved one. The process can feel unfamiliar and overwhelming. Whether you need to file a proceeding in the Nassau County Surrogate’s Court depends on the assets your loved one owned, how those assets were titled, and whether court authority is needed to transfer or manage them. Some estates require court involvement, while others can be settled without opening a Surrogate’s Court proceeding.

You will generally need to involve the Surrogate’s Court in situations such as:

• Assets owned solely by the deceased. Probate is generally necessary when a person dies owning assets in their name alone that do not automatically pass to someone else.
• The deceased died without a will. If someone dies without a valid will and court authority is needed to collect, manage, or transfer assets, an estate administration proceeding may be necessary.

On the other hand, many assets pass directly to another person without requiring a Surrogate’s Court proceeding. These commonly include:

• Jointly owned property. Property owned with rights of survivorship generally passes automatically to the surviving owner.
• Accounts with beneficiary designations. Payable-on-death (POD) accounts, transfer-on-death (TOD) accounts, and many financial accounts with named beneficiaries usually pass directly to those beneficiaries.
• Life insurance. Proceeds are generally paid directly to the named beneficiary.
• Retirement accounts. IRAs, 401(k)s, and similar retirement accounts with designated beneficiaries typically pass outside of probate.
• Living trusts. Assets that were transferred into a living trust are generally distributed according to the terms of the trust rather than through probate.

Even when probate or estate administration is not required, the Nassau County Surrogate’s Court may still become involved if there is a dispute involving a trust, a will contest, or another matter within the court’s jurisdiction.

Every estate is different. Our experienced Nassau County Surrogate’s Court lawyers can evaluate your family’s circumstances, determine whether a Surrogate’s Court proceeding is necessary, and guide you through the appropriate process if court involvement is required.

What part does the Surrogate’s Court play when someone dies?

The Surrogate’s Court’s role depends on whether the person died with or without a valid will and whether any disputes arise during the administration of the estate. In many cases, the process begins when someone files a petition, which is a formal written request asking the court to take a specific action. Depending on the circumstances, the petition is typically filed along with documents such as the original will, if one exists, and a certified copy of the death certificate.

If the court determines that the will is valid, it generally admits the will to probate, appoints the executor named in the will, and issues Letters Testamentary. In some cases, the court must decide whether a mistake or ambiguity in the will affects its validity or how it should be interpreted. For example, in Matter of Scalisi, 2026 NY Slip Op 50863(U) (Sur. Ct. Nassau Cnty. 2026), the Nassau County Surrogate’s Court admitted a will to probate even though the decedent mistakenly described his beneficiary as his “second cousin” instead of his “first cousin once removed.” The court concluded that the mistake did not invalidate the will because the decedent’s intent was clear. If the person died without a valid will, the court may appoint an administrator and issue Letters of Administration. Although their names are different, both Letters Testamentary and Letters of Administration are documents issued by the court that give the executor or administrator the legal authority to act on behalf of the estate. This authority allows them to collect and safeguard assets, pay valid debts and taxes, and eventually distribute the remaining property to the appropriate beneficiaries or heirs.

Depending on the circumstances, the Surrogate’s Court may also:

• Schedule conferences or hearings.
• Require beneficiaries, heirs, creditors, and other interested parties, meaning people who have a legal interest in the estate, to receive legal notice that a proceeding has been filed.
• Review objections filed by beneficiaries, heirs, creditors, or other interested parties.
• Approve certain requests made during the administration of the estate.
• Resolve disputes involving the validity of a will, the actions of an executor or administrator, trusts, or other estate-related matters before the estate is closed.

Although some estates proceed with relatively few court appearances, others involve contested proceedings that require additional filings and hearings. A Nassau County Surrogate’s Court lawyer can guide you through the process, help ensure that required documents are properly prepared and filed, and represent your interests if issues arise before the court.

Frequently Asked Questions

Contact Stephen Bilkis & Associates

Proceedings before the Nassau County Surrogate’s Court often involve important legal and financial matters that can affect your family for years to come. Whether you need assistance probating a will, administering an estate, resolving a trust dispute, contesting a will, or addressing another matter within the Surrogate’s Court’s jurisdiction, our experienced Surrogate’s Court attorneys serving Nassau County are prepared to guide you through the process. 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 need help with a matter before the Nassau County Surrogate’s Court, contact us today at 800.696.9529 to schedule a free, no-obligation consultation. We represent clients throughout Nassau County, Suffolk County, New York City, Westchester County, and the surrounding areas.