The Westchester County Surrogate’s Court is the court that handles all probate, estate administration, trust, guardianship, and related proceedings for decedents who were domiciled in Westchester County at the time of death. It is one of the busiest Surrogate’s Courts in New York State.
Court Information
Location: Richard J. Daronco Westchester County Courthouse, 19th Floor, 111 Dr. Martin Luther King Jr. Boulevard, White Plains, NY 10601
Phone: (914) 824-5656
Surrogate: Hon. Brandon R. Sall
Court Calendar: Wednesdays at 9:30 AM
Clerk’s Office Hours: Monday through Friday, 9:00 AM to 5:00 PM
Jurisdiction
Under SCPA Article 2, the Surrogate’s Court has jurisdiction over:
Probate of wills (SCPA Article 14). The court determines the validity of a will and issues Letters Testamentary to the named executor.
Administration of intestate estates (SCPA Article 10). When a person dies without a will, the court appoints an administrator and issues Letters of Administration.
Small estates (SCPA Article 13). Estates with personal property valued at $50,000 or less can be settled through a simplified small estate procedure.
Accountings (SCPA Articles 21 and 22). The court reviews and approves fiduciary accountings, which detail all receipts, disbursements, and distributions made by an executor, administrator, or trustee.
Guardianship of the property of minors (SCPA Article 17). The court appoints guardians for the property of minor children who have inherited or received assets.
Guardianship of persons with intellectual disabilities (SCPA Article 17-A). The court appoints guardians for adults with intellectual or developmental disabilities.
Trust proceedings (SCPA Article 25 and EPTL Article 7). The court supervises testamentary trusts, resolves trust disputes, and approves trust accountings.
Construction proceedings. The court interprets ambiguous provisions in wills and trusts.
Contested proceedings. Will contests, contested accountings, disputed claims, and other adversarial proceedings are heard by the Surrogate.
E-Filing Requirements
Westchester County Surrogate’s Court requires electronic filing through the New York State Courts Electronic Filing system (NYSCEF) for the following proceeding types:
- Probate proceedings
- Administration proceedings
- Accounting proceedings
- Miscellaneous proceedings
E-filing has been mandatory in Westchester Surrogate’s Court since May 3, 2017. All documents must be filed through NYSCEF at nyscef.nycourts.gov, with one exception: the original will must still be filed in hard copy, even when the rest of the proceeding is e-filed.
Attorneys must register for a NYSCEF account. Self-represented (pro se) petitioners may also e-file, but pro se filing is not mandatory; the court accepts hard-copy filings from unrepresented parties.
Filing Fees
Filing fees in Surrogate’s Court are based on the value of the estate. The fee schedule is established by SCPA 2402 and is as follows:
| Estate Value | Filing Fee |
|---|---|
| Under $10,000 | $45 |
| $10,001 to $20,000 | $75 |
| $20,001 to $50,000 | $215 |
| $50,001 to $100,000 | $280 |
| $100,001 to $250,000 | $420 |
| $250,001 to $500,000 | $625 |
| Over $500,000 | $1,250 |
Small estate proceedings have a separate, lower fee schedule.
Common Proceedings
Probate
Probate is the process by which the court validates a will and authorizes the executor to administer the estate. The petitioner files a probate petition, the original will, and a death certificate. The court issues a citation to all distributees (persons who would inherit under the intestacy statute if the will were invalid). If no objections are filed, the court admits the will to probate and issues Letters Testamentary.
For a detailed walkthrough, see Probate in Westchester County: A Step-by-Step Guide.
Administration
When a person dies without a will, a distributee petitions for Letters of Administration. The court follows the priority list in SCPA 1001 to determine who is entitled to serve as administrator.
For more detail, see Letters of Administration in New York.
Accountings
At the conclusion of estate administration, the fiduciary must account for all receipts and disbursements. If all beneficiaries consent, the accounting can be settled informally (without court involvement). If any beneficiary objects, or if the fiduciary seeks the protection of a court decree, a formal judicial accounting is filed under SCPA Article 21.
The Surrogate reviews the accounting, resolves any objections, and issues a decree settling the account and discharging the fiduciary.
Compulsory Accounting
If a fiduciary fails to account voluntarily, any interested person may petition the court for a compulsory accounting under SCPA Article 22. This is a tool available to beneficiaries who believe the fiduciary is mismanaging the estate or withholding information.
Surrogate’s Court vs. Other Courts
The Surrogate’s Court has exclusive jurisdiction over probate and estate administration. However, some related proceedings may be heard in other courts:
Supreme Court. Guardianship proceedings under Mental Hygiene Law Article 81 (for incapacitated adults) are filed in Supreme Court, not Surrogate’s Court. Trust disputes that do not involve testamentary trusts may also be heard in Supreme Court.
Family Court. Custody and support matters are handled by Family Court, not Surrogate’s Court. However, if a guardianship of a minor’s property is needed, Surrogate’s Court has jurisdiction.
Working with the Court
Westchester Surrogate’s Court has a reputation for being well organized and responsive. The Clerk’s office can answer procedural questions and direct petitioners to the correct forms. The court’s calendar moves efficiently, and contested matters are typically scheduled for hearing within a reasonable timeframe.
For self-represented parties, the court provides standard forms for common proceedings (probate petitions, administration petitions, small estate affidavits, and accountings). These forms are available through NYSCEF and at the Clerk’s office.
Related Topics
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