Probate in Westchester County runs through the Westchester County Surrogate’s Court, seated in White Plains, which handles estates for residents from Yonkers and New Rochelle to Mount Vernon, Scarsdale, Rye and the northern towns of Bedford, Lewisboro and Pound Ridge. Below, the attorneys at Morgan Legal Group, led by Russel Morgan, Esq., answer the questions Westchester families ask most when a loved one passes away leaving a will.
These answers track New York’s Surrogate’s Court Procedure Act (SCPA) and Estates, Powers and Trusts Law (EPTL). For a step-by-step walkthrough, see our Probate Overview and our Surrogate’s Court Guide.
Getting Started in Westchester
What is probate, and why is it required in Westchester County?
Probate is the court process that proves a decedent’s will is valid and grants legal authority to the person named to administer the estate. In Westchester, the petition is filed with the Westchester County Surrogate’s Court. Once the will is admitted, the court issues Letters Testamentary under SCPA §1414, which empower the executor to collect assets, pay debts and taxes, and distribute property to the beneficiaries named in the will.
Which court handles my probate case?
Estates of decedents who lived in Westchester at death are handled by the Westchester County Surrogate’s Court in White Plains. Residence — not where a person died or where property sits — generally controls which county’s Surrogate’s Court has jurisdiction. If your loved one owned a co-op in Yonkers but lived in Chappaqua, the case still proceeds in Westchester.
What documents do I need to file for probate?
To open a Westchester probate, you generally file:
| Document | Purpose |
|---|---|
| Petition for Probate | Opens the case and names the proposed executor |
| Original signed will | The instrument to be admitted to probate |
| Certified death certificate | Proves the decedent’s passing |
| Waivers/consents or citation | Establishes jurisdiction over distributees |
The petition must identify the decedent’s distributees (the heirs who would inherit under intestacy law). Those distributees either sign waivers and consents or are served with a citation directing them to appear at the Surrogate’s Court on a return date.
Timeline, Costs and Authority
How long does probate take in Westchester County?
An uncontested Westchester probate typically takes about three to six months from filing to the issuance of Letters Testamentary, assuming all distributees sign waivers and the will is clean. Cases slow down when heirs cannot be located, when a citation must be served and a return date scheduled, or when someone files objections. Contested matters can extend well beyond a year — see our page on contested probate.
What does probate cost in Westchester?
There are two categories of cost. Attorney fees for a straightforward Westchester estate commonly range from about $3,000 to $10,000, depending on the size and complexity of the estate. The court filing fee is set by SCPA §2402 and is graduated by the value of the estate — larger estates pay a higher fee. We do not quote a fixed filing-fee figure here; confirm the current amount with the Westchester County Surrogate’s Court or with our office, because it depends on your estate’s value.
Can the executor act before probate is finished?
Yes, in many cases. If the estate needs immediate management — to preserve a Scarsdale home, manage a brokerage account, or handle a business — the court can issue Preliminary Letters Testamentary under SCPA §1412. These give the named executor interim authority to act while the full probate petition is pending, which is especially useful when a contest is anticipated or when assets cannot wait.
What are an executor’s main duties?
Once Letters issue, the executor must marshal the estate’s assets, give notice to and pay valid creditors, file the decedent’s final income tax returns and any estate tax return, and then distribute what remains according to the will. The executor is a fiduciary and is personally accountable to the beneficiaries and the court. Our Executor Duties page covers these obligations in detail.
Small Estates and Taxes
My relative left a small estate. Do I still need full probate?
Maybe not. New York’s SCPA Article 13 provides a simplified voluntary administration procedure for small estates — handled largely by affidavit rather than a full probate proceeding. It is available when the personal property is modest, though real property is generally excluded from this process. Many Westchester families with a single bank account or modest belongings qualify. Learn more on our Small Estate Affidavit page, or confirm eligibility with the Surrogate’s Court.
Will my Westchester estate owe New York estate tax?
For deaths in 2026, the New York estate tax exclusion amount is $7,350,000. New York uses a “cliff”: if the taxable estate exceeds 105% of the exclusion — $7,717,500 — the entire estate (not just the excess) becomes taxable. Given Westchester’s higher real estate values, estates that look modest on paper can approach this threshold once a Bronxville or Rye home is appraised. Review the current rules with the New York State Department of Taxation and Finance and your attorney.
What if there is no will?
When a Westchester resident dies without a valid will, the estate passes by intestacy under the EPTL, and the Surrogate’s Court issues Letters of Administration rather than Letters Testamentary. The distribution order is fixed by statute and may not match what the family expected, which is why having a properly executed will matters.
Do I need a probate attorney in Westchester?
You are not legally required to hire counsel for every estate, but Westchester probate involves strict procedural rules, jurisdictional service requirements, creditor notice, and tax filings where mistakes create personal liability for the executor. An experienced probate attorney prevents costly errors, manages contested matters, and keeps the case moving through the Surrogate’s Court. Morgan Legal Group represents executors and beneficiaries throughout Westchester County.
Speak With a Westchester Probate Attorney
If you have lost a loved one and need to probate a will in Westchester County, the attorneys at Morgan Legal Group are ready to guide you through every step before the Surrogate’s Court. Schedule a consultation with Russel Morgan, Esq. to discuss your estate.
This page is general information about New York probate law, not legal advice. Statutes, fees and exclusion amounts change — verify current requirements with the New York State Unified Court System and qualified counsel.
Further reading from Morgan Legal Group: when you should bring in a probate attorney.