When a Westchester resident passes away leaving a Last Will and Testament, that will generally must be proved before the Westchester County Surrogate’s Court in White Plains before anyone has legal authority to act on the estate. This court hears matters for residents of White Plains, Yonkers, New Rochelle, Mount Vernon, Scarsdale, Rye, Bedford, Yorktown, and every other community across the county. Understanding the probate process steps in advance helps an executor avoid delays, costly mistakes, and conflict among beneficiaries.
This guide walks through each phase of probate as it actually unfolds in Westchester, with accurate citations to New York’s Surrogate’s Court Procedure Act (SCPA) and Estates, Powers and Trusts Law (EPTL). For a broader introduction, see our probate overview; for court-specific logistics, see our Surrogate’s Court guide.
Attorney Russel Morgan, Esq., and the Morgan Legal Group team guide Westchester families through probate from the first filing to final distribution. To discuss your matter, schedule a consultation.
What Probate Is — and Why Westchester Estates Need It
Probate is the court-supervised process of proving that a will is valid, appointing the person named to administer the estate, and authorizing that person to settle the decedent’s affairs. In New York, the appointed person is the executor, and the court grants their authority through a document called Letters Testamentary (SCPA §1414).
Without Letters Testamentary, banks, brokerages, and the Westchester County Clerk’s land records will not recognize anyone’s authority to transfer the decedent’s assets. Probate is what converts the words of a will into enforceable legal power.
Not every Westchester estate requires full probate. Smaller estates may qualify for a streamlined procedure under SCPA Article 13 (discussed below and on our small estate affidavit page). But when a valid will exists and the estate exceeds the small-estate threshold, formal probate in the Surrogate’s Court is the path.
The Probate Process Steps in Westchester County
Below is the sequence most uncontested Westchester probate matters follow, from death to final distribution.
| Step | What Happens | Key Authority |
|---|---|---|
| 1 | Locate the original will and obtain certified death certificates | EPTL / SCPA §1401 |
| 2 | File the Petition for Probate with the Westchester Surrogate’s Court | SCPA §1402 |
| 3 | Obtain jurisdiction over distributees (waivers/consents or citation) | SCPA §1403 |
| 4 | Court issues a decree admitting the will on the return date | SCPA §1408 |
| 5 | Letters Testamentary issue to the executor | SCPA §1414 |
| 6 | Executor marshals assets, pays debts and taxes | EPTL Art. 11 |
| 7 | Executor accounts to beneficiaries and distributes the estate | SCPA §2208 / EPTL |
Step 1: Locate the Original Will and Death Certificate
The Westchester Surrogate’s Court requires the original, signed will — not a photocopy — along with a certified copy of the death certificate. Families in Westchester often store wills in a home safe, a safe deposit box at a local bank, or with the attorney who drafted it. Begin this search immediately, because nearly every later step depends on producing the original instrument.
Step 2: File the Petition for Probate
The person nominated as executor (the petitioner) files a Petition for Probate with the Westchester County Surrogate’s Court, accompanied by the original will and the certified death certificate. The petition identifies the decedent, the proposed executor, the estate’s approximate value, and the decedent’s distributees — the relatives who would inherit under New York’s intestacy rules if there were no will (EPTL §4-1.1).
A filing fee is paid at this stage. New York sets that fee on a graduated scale based on the estate’s value under SCPA §2402 — the larger the estate, the higher the fee. We do not quote a fixed number here; confirm the current fee directly with the court or your attorney.
Step 3: Obtain Jurisdiction Over the Distributees
Before the court can admit a will, every distributee must have an opportunity to contest it. The estate obtains jurisdiction in one of two ways:
- Waiver and Consent. Each distributee signs a document waiving the issuance of a citation and consenting to probate. When the family is in agreement — common in many Westchester estates — this is the fastest route.
- Citation. If a distributee will not sign, or cannot be located, the court issues a citation (SCPA §1403) commanding them to appear in White Plains on a return date. Service must follow strict statutory rules.
This step is frequently where probate slows down. Disagreements among heirs in Scarsdale, Yonkers, or anywhere in the county can convert a routine matter into a contested probate proceeding.
Step 4: The Decree Admitting the Will
If no one files objections by the return date, the Surrogate signs a decree admitting the will to probate. The decree is the court’s formal finding that the will is genuine and was properly executed under EPTL §3-2.1, New York’s will-execution statute.
Step 5: Letters Testamentary Issue
With the will admitted, the court issues Letters Testamentary (SCPA §1414) to the executor. These letters are the executor’s official proof of authority. From this point forward, the executor can open estate accounts, access the decedent’s financial institutions, and deal with Westchester real property on the estate’s behalf.
When the Executor Needs Authority Sooner: Preliminary Letters
Sometimes urgent matters — a closing on a Westchester home, a business that must keep operating, a tax deadline — cannot wait for the full probate decree. New York allows the court to grant Preliminary Letters Testamentary under SCPA §1412, giving the nominated executor interim authority while the probate petition is still pending. This is a valuable tool when a will is contested or when locating distributees will take time.
Step 6: Marshal Assets and Pay Debts and Taxes
Once appointed, the executor must collect (marshal) the estate’s assets, inventory them, pay valid creditor claims, and address taxes. New York imposes its own estate tax in addition to any federal tax. For 2026, the New York estate tax exclusion is $7,350,000. New York’s tax also features a “cliff”: estates exceeding 105% of the exclusion — $7,717,500 in 2026 — lose the benefit of the exclusion entirely and are taxed on the whole estate. Westchester estates that include high-value homes can approach this threshold faster than families expect, so careful valuation matters. For the executor’s full obligations, see our executor duties page.
Step 7: Account and Distribute
After debts and taxes are settled, the executor distributes what remains according to the will’s terms. The executor provides beneficiaries with an accounting showing all money received and paid out. Beneficiaries may approve the accounting informally, or the executor may file a judicial accounting (SCPA §2208) with the Surrogate’s Court for formal approval before closing the estate.
Small Estates: A Faster Westchester Alternative
If a Westchester decedent’s personal property is modest, the estate may qualify for voluntary administration under SCPA Article 13 instead of full probate. A close family member files a short affidavit with the Surrogate’s Court and is appointed “voluntary administrator.” This procedure is faster and far less expensive — but it generally does not cover real property, so a Westchester home almost always pushes an estate into full probate or administration. Learn more on our small estate affidavit page.
How Long Does Probate Take in Westchester?
For an uncontested estate with cooperative distributees, Westchester probate typically takes about three to six months from filing to the issuance of Letters Testamentary, with asset collection and distribution continuing afterward. Several factors can extend that timeline:
- A distributee who must be served by citation rather than signing a waiver
- Objections that turn the matter into a contested proceeding
- A missing original will or unlocatable heirs
- A taxable estate requiring New York estate tax filings
What Does Probate Cost?
Two cost categories apply. First, the court filing fee, set on the graduated scale of SCPA §2402 by estate value. Second, attorney’s fees, which for a typical uncontested Westchester probate often range from roughly $3,000 to $10,000, depending on the estate’s size and complexity. Contested matters or those involving real property and tax issues cost more. An estate-planning attorney can give you a tailored estimate after reviewing the will and the assets.
Frequently Asked Questions
Where is probate filed for a Westchester resident?
Probate for a decedent who lived in Westchester County is filed in the Westchester County Surrogate’s Court in White Plains. The court has jurisdiction over the estates of county residents, including those from Yonkers, New Rochelle, Mount Vernon, Scarsdale, and Rye.
What is the difference between a will being “admitted” and Letters Testamentary?
Admitting the will is the court’s decree finding the will valid (SCPA §1408). Letters Testamentary (SCPA §1414) are the separate document that actually empowers the executor to act for the estate. You need the letters, not just the decree, to access accounts and assets.
Can the executor act before probate is complete?
Sometimes. The court may grant Preliminary Letters Testamentary under SCPA §1412, giving the nominated executor interim authority while the petition is still pending — useful for urgent closings, tax deadlines, or ongoing businesses.
Does a small Westchester estate still need full probate?
Not always. If the personal property is modest, the estate may use voluntary administration under SCPA Article 13. However, that procedure generally excludes real property, so a Westchester home usually requires full probate or administration.
Will my estate owe New York estate tax?
Possibly. For 2026 the New York exclusion is $7,350,000, and because of the “cliff,” estates over $7,717,500 lose the exclusion entirely. High-value Westchester homes can push an estate toward that threshold, so valuation should be reviewed early.
This article is general information about New York probate procedure and is not legal advice. For guidance on your specific Westchester estate, schedule a consultation with attorney Russel Morgan, Esq., of Morgan Legal Group. You can also review official resources at the New York State Unified Court System, the New York State Legislature, and the New York State Department of Taxation and Finance.
Further reading from Morgan Legal Group: ways to keep an estate out of probate.