Nassau County Probate Records

Nassau County probate records provide information about the distribution of a deceased person’s estate in Nassau County. Like other Nassau County court records, these encompass a range of documents, including wills, estate inventories, beneficiary lists, creditor's claims, and court orders. Individuals who want to verify an inheritance or find details about the court-supervised settlement of a decedent’s estate can find valuable information in probate records.

The probate process, also known as the surrogate process in Nassau County, New York, begins after a person dies. If the deceased had a will, the court starts the will execution process upon a petition to probate the party's estate. However, if the individual dies without preparing a will, the court will administer their estate according to the Estates, Powers & Trusts Law (EPTL), Section 4-1.1. The decedent’s estate is typically distributed to their survivors. If the decedent’s estate is below $50,000, the closest distributee can file for Small Estate Administration, which a voluntary administrator oversees.

Are Probate Records Public?

Yes. Per the New York Judiciary Law, Section 255, and Surrogate’s Court Procedure (SCP), Section 2501, probate records in Nassau County are open to the general public. These rules direct the Surrogate Court clerks to ensure that the court records they maintain are available for public inspection at reasonable hours.

However, a court clerk can deny access to a probate record or redact certain information before providing access. Access to a confidential probate record may also require a court order. Examples of confidential probate court records or information include:

• Guardianship proceedings of minors and incapacitated adults
• Adoption records
• Confidential Personal Information (CPI), including taxpayer identification numbers and financial account numbers
• Medical records
• Tax returns
• Firearm inventories

The court also reserves the right to seal any probate record if a justifiable reason exists.

What is Probate Court in Nassau County?

The Nassau County Surrogate Court oversees probate matters in the county, including guardianships, conservatorships, and estate administration. When an individual dies in the county, the Surrogate Court ensures the decedent’s estate is distributed correctly according to the law. See below the Surrogate’s court address.

Surrogate's Court, Nassau County
262 Old Country Road
Mineola, NY 11501
Phone: (516) 493-3800

Probate Court Case Lookup

Individuals seeking probate court records in Nassau County can view or copy these records at the Surrogate Court’s Clerk Office. To access a probate record, the requester must have a case number or the name of an individual directly involved in the case. Per New York Civil Practice and Laws (CPLR), Section 8019, the court clerk may charge a copying or certification fee, with certified copies typically costing more than standard photocopies. Additionally, the clerk may enforce specific rules for accessing records to ensure that office operations remain uninterrupted. Individuals can call the Surrogate Court clerk at (516) 493-3805 for more details about probate record requests.

Probate court records are also available through the New York State Unified Court System WebSurrogate portal. Users can search the database by party name, file number, and index book number. However, the database does not include confidential probate records, and it only has links to digitized images of probate cases filed after February 19, 2014. For records filed before this date, individuals may utilize the public access computers at the courthouse.

How to Find Probate Records Online Free

The New York State Unified Court System WebSurrogate portal provides free access to probate records. Additionally, some third-party websites offer public access to Nassau County probate records. In most cases, users can search for probate records using an individual’s name at no cost. However, accessing the complete record may require a fee. Only non-confidential information may be obtained from a third-party website. If the record is confidential, it will not show up in the search results. In such instances, the user can contact the Surrogate Court Clerk's Office.

How Long Does Probate Take in New York

Probate duration in New York depends on several factors, including the complexity of the estate, the existence of legal disputes, and the availability of a will. Simpler probate cases, typically involving small estates or uncontested wills, can be resolved within a few months. Meanwhile, larger estates and those having contests or disputes take longer to complete.

Are Wills Public Record?

Yes. When a testator dies, and their will is filed for probate in the Surrogate Court, the will becomes open to the public. However, if the testator is alive or their will has not been submitted for probate, it remains a private document. Under the Surrogate’s Court Procedure Act (SCPA), Section 2507, wills deposited with the court for safekeeping are also inaccessible to the public.

Even when a will becomes public after probate, not all information may be disclosed to the public. Specific details, such as the exact worth of estates and Confidential Personal Information, may be protected. Such information is generally available to the heirs, will executors, direct beneficiaries, fiduciaries, and legal representatives.

How to Find Out If Someone Has a Will

To determine if someone has a will in Nassau County, individuals can check with the Nassau County Surrogate Court. However, the document can only be obtained if submitted for probate.

Generally, a will may not be submitted for probate even after the testator’s death. This may happen when probate is not required, especially when the decedent’s estate is small or already has designated beneficiaries. In such cases, the Surrogate Court cannot provide information on the decedent’s will. That is not to say it is impossible to determine whether a person, alive or deceased, has a will. Other options include checking with the individual’s attorney, family, close friends, or likely storage locations where they may have stored their will, like a safe box.

Nassau County Family Court Case Search

Nassau County has a dedicated family court that handles issues related to child welfare and family law. Family court cases generally include divorce, child support, paternity, orders of protection, domestic violence, child neglect and abuse, and adoption. The Nassau County Family Court is situated at:

1200 Old Country Road
Westbury, NY 11590
Phone: (516) 493-4000

Copies of family court records can be obtained at the courthouse for a fee. Individuals may also search the New York Courts WebFamily portal by litigant name, file or docket number, attorney or firm name, or court calendar. However, unauthorized parties cannot obtain family records deemed confidential under a law, court order, or court rule.