Bronx County Probate Records

Probate in Bronx County refers to the legal process that ensures that a decedent's wishes regarding their estate are accurately carried out. The process typically commences when the estate's executor files a probate petition in a competent court and culminates in the distribution of property according to the will or extant intestacy laws. During this period, one or more of the following objectives is often achieved:

• Authentication of the decedent's will (sometimes called will execution)
• Identifying and gathering the decedent's assets
• Offsetting debts and paying taxes

During the probate process, documentary materials essential to the case are compiled in a court file and collectively referred to as Bronx County probate records. They include wills, letters of administration, and estate inventories. Apart from ensuring transparency and accountability within the legal system, these records, other Bronx County court records, also serve as important resources to members of the public for:

• Tracing genealogy
• Proving relationships
• Verifying a decedent's assets
• Resolving estate disputes

Admittedly, not every estate passes through probate in Bronx County. For example, small estates (valued at less than $50,000) may be distributed through a voluntary administration proceeding in lieu of probate. Probate is also not necessary for assets held in trust, jointly-owned real property, retirement accounts, bank accounts and life insurance policies having named beneficiaries, etc. Furthermore, estates without wills are administered instead of probated.

Are Probate Records Public?

Yes. According to New York's Freedom of Information Law (FOIL), the people have the right to transparency in the government's decision-making process—a right that should remain free from secrecy. However, while the FOIL governs the dissemination of governmental records, it does not affect court records. Instead, New York Judiciary Law, Section 255, governs public access to court documents and mandates court clerks to search for and produce requested records diligently.

Still, probate court records are only public to the extent that they do not violate a person's privacy, hamper national security, violate a law, or jeopardize other overriding or protected interests. For these reasons, access to certain information may be wholly or partly denied to members of the public. Examples of confidential probate court records include tax returns, adoption records, guardianship records, and financial information.

What is Probate Court in Bronx County?

Probate in Bronx County is handled by the Bronx County Surrogate's Court. The court also handles the following cases:

• Adoptions
• Guardianships
• Conservatorships
• Wrongful death actions

The Bronx County Surrogate's Court is located at the address below.

12th Judicial District
851 Grand Concourse
Bronx, NY 10451

Probate Court Case Lookup

Physical access to Bronx County probate records can be obtained at the local probate court's records department. Court clerks are obliged to search and make copies of requested probate court case documents during regular business hours. Requesters are required to provide an accurate and adequate description of the sought-after records to facilitate the search process. The court clerks do not respond to requests for general information.

Another option for looking up probate court case documents in Bronx County is to harness the state's unified Web Surrogate portal. The portal presents multiple options for searching probate court documents, including a name or file number search. On the portal, individuals can streamline their searches to Bronx County by selecting “Bronx County Surrogate's Court” from the drop-down menu under "Court".

How to Find Probate Records Online Free

The WebSurrogate portal discussed above offers all users free online searches of Bronx County probate records. For older records (records filed from 1686 to 1879), individuals can query the New York State Archives through its online search platform at no cost. Individuals must note, however, that while inspecting a case on these platforms incurs no charge, fees may be imposed for copying or certifying copies of documents.

How Long Does Probate Take in New York?

Probate in New York involves multiple steps, from filing a petition to appointing an executor, taking inventory of assets, distributing assets, and more. Consequently, the time it takes to complete a probate proceeding in Bronx County depends on the intricacies or complexities of each step.

For example, an opposition to a will significantly prolongs a probate proceeding, as assets cannot be distributed until the dispute is resolved. Also, per § 1802 of the Surrogate's Court Procedure Act (SCPA), creditors have 7 months from the appointment of executors to file their claims against an estate. This creates a minimum probate processing period, as estates cannot be closed before this time lapses.

Therefore, finalizing probate may take several months or a few years.

Are Wills Public Record?

Yes. Wills become public documents per Section 2501 of the New York Surrogate's Court Procedure when submitted for probate. Therefore, any individual can query the official record custodian (the local Surrogate's Court) to view or obtain a copy of a probated will.

Individuals should note, however, that public accessibility to probated wills is subject to exceptions stipulated by applicable laws. For example, any sensitive information contained in a will is not available for general inspection.

How to Find Out If Someone Has a Will

Wills remain private documents during a testator's lifetime. For this reason, a person can only access the contents of a living testator's will by obtaining the testator's explicit permission.

However, when a testator dies, and their will becomes part of the probate court records, any interested party may visit the Bronx County Surrogate Court’s records office to inspect and make copies of the will. Alternatively, an individual can utilize the “Will Search” function on the WebSurrogate platform to find wills in Bronx County.

Bronx County Family Court Case Search

Bronx County Family Court case records can be accessed by visiting the local courthouse at 900 Sheridan Avenue, Bronx, NY 10451(corner of 161 Street). Individuals can also navigate to the New York Judiciary's unified WebFamily portal to look up Bronx family cases by file/docket number or attorney/firm. Besides conducting case searches on WebFamily at no cost, users can look up family court calendars on the system.

It should be noted, however, that confidential family court case records are not available on WebFamily nor to unauthorized parties. Further, any member of the public who desires a copy of a non-confidential Bronx County family court record is advised to visit the court's physical location during operational hours or contact the court at (718) 618-2098 or bronxfamilycourt@nycourts.gov.