Location and hours
Westchester County Surrogate's Court
111 Dr. Martin Luther King Jr. Blvd, 19th Floor
White Plains, NY 10601
Phone: (914) 824-5656
Monday to Friday, 9 am to 5 pm, closed New York State holidays
Official court page: nycourts.gov
A Practical Guide
Westchester County Surrogate's Court
Where it is, what it handles, and what to expect if you are an executor, an heir, or a family member with a question about a Westchester estate. Prepared by the estate attorneys at Millman Law Firm, who have represented clients before this court for decades.
The court for every Westchester estate
When a Westchester County resident passes away, their estate is handled by the Westchester County Surrogate's Court in White Plains. Whether the estate is simple or disputed, this is the court that admits the will, appoints the executor or administrator, supervises the fiduciary, and resolves disagreements. Knowing how it works removes much of the anxiety from the process.
What the court handles
- Probate of wills
- Administration (no will)
- Will contests
- Fiduciary accountings
- Removal of fiduciaries
- Small estate proceedings
- Trust proceedings
- Guardianships
- Kinship proceedings
- Adoptions
Step by Step
What to expect in a Westchester probate or administration
1. The petition
The person named as executor (or, with no will, a close family member) files a petition with the court, together with the original will, the death certificate, and a list of the people entitled to notice. The court reviews the papers for completeness.
2. Citation and notice
The court issues a citation to the people whose inheritance could be affected, giving them a return date on which to appear and raise any objection. If everyone signs waivers and consents, this step moves quickly.
3. Letters are issued
Once satisfied, the court admits the will and issues Letters Testamentary to the executor, or Letters of Administration to the administrator. These letters are the fiduciary's legal authority to collect accounts, sell property, and deal with institutions.
4. Administration and closing
The fiduciary gathers assets, pays debts and taxes, files any estate tax returns, accounts to the beneficiaries, and distributes what remains. The estate closes when beneficiaries sign releases or the court approves the accounting.
When there is a dispute
Will contests and contested proceedings
If someone entitled to notice believes the will was not properly signed, that the person lacked capacity, or that they were unduly influenced, they may object. New York allows an early examination of the witnesses and the drafting attorney before formal objections are filed, which often shows whether a contest has merit. Contested matters proceed through discovery and may settle, go to mediation, or be tried before the Surrogate.
How we help
Millman Law Firm represents executors, administrators, trustees, beneficiaries, and heirs in the Westchester County Surrogate's Court, from uncontested probate to contested accountings and will contests. Paul M. Millman has practiced for more than 45 years and is admitted in New York and Florida. Susan E. Herzog concentrates in estate planning, probate, trust administration, and guardianship matters.
Probate & administration Estate litigation White Plains estate attorney
Questions & Answers
Westchester Surrogate's Court: common questions
Where is the Westchester County Surrogate's Court?
The Westchester County Surrogate's Court is at 111 Dr. Martin Luther King Jr. Blvd, 19th Floor, White Plains, NY 10601. The main number is (914) 824-5656. The court is open Monday through Friday, 9 am to 5 pm, and closed on New York State holidays.
What does the Surrogate's Court handle?
The Surrogate's Court handles matters involving the estates of people who have died and certain related matters: probate of wills, administration of estates without a will, will contests and other contested proceedings, fiduciary accountings, small estate proceedings, trust proceedings, guardianships of minors and of adults with developmental disabilities, and adoptions.
Which county's Surrogate's Court handles my family member's estate?
Generally the Surrogate's Court of the county where the person was living when they died. If your family member lived anywhere in Westchester County, from Yonkers to Peekskill, the estate is handled in White Plains, even if the executor or heirs live elsewhere.
Do I need a lawyer to go to Surrogate's Court?
Not always. The court has a Help Center for people without a lawyer, and very simple estates can sometimes be handled that way. Most estates with real estate, a business, tax questions, multiple beneficiaries, or any disagreement among family members are better handled with counsel, because mistakes by a fiduciary can create personal liability.
How long does a Westchester probate take?
It varies with the estate. An uncontested estate with a clear will and cooperative heirs often takes several months to obtain letters, and longer to collect assets, settle taxes and debts, account, and distribute. A will contest, missing heirs, real estate sales, or an estate tax return can extend the process substantially.
Talk to a Westchester estate attorney
If you have been named an executor, received a citation, or have a question about a family member's estate, we will explain where things stand and what comes next. Consultations are available in person and virtually.