Queens County Probate Records

Probate records are documentation such as wills, letters of administration, petitions, dockets, estate inventories, appraisals, bonds, judicial decrees, etc., detailing the legal distribution of a deceased person's estate after their death. In New York, this is done per the deceased's last will and testament. Where the decedent does not have a will, their estate will be divided according to the New York State's intestacy laws and probate guidelines. Queens County probate records include documentation from both probate proceedings and administration proceedings.

Like Queens County court records, probate records are sought for various reasons, such as verifying inheritance claims, resolving estate disputes, or conducting genealogical research. Probate records are important for many reasons, including researching property ownership and asset distributions, settling inheritance disputes, title-searching a property, conducting genealogical searches, resolving legal matters, and historical documentation.

Are Probate Records Public?

Yes. Once a probate record (wills, estate inventories, letters of administration, etc.) is filed with the Surrogate's court, it is generally considered a public record, consistent with the New York Judiciary Law, Surrogate's Court Procedure Act (SCP § 2501(8)), and Freedom of Information Law (FOIL), which support public access to inspect and obtain copies of government records, including court records.

While probate records are generally accessible to the public, certain information may be withheld to comply with statutory requirements and protect individuals' privacy.

These include probate records that reveal sensitive medical information or personal financial details, involve minors' privacy, are part of an ongoing litigation, or are sealed by a court order.

What is Probate Court in Queens County?

In Queens County, New York, the probate process falls under the jurisdiction of the Surrogate's Court, which handles matters related to the administration of a deceased's estate, whether they had a will (probate) or not (administration). The Surrogate's Court typically handles the administration of deceased individuals' estates, including validation of wills, appointing personal representatives, and resolving estate and inheritance-related disputes. Additionally, it handles adoption proceedings and certain types of guardianship cases.

The Queens County Surrogate's court is located at:

88-11 Sutphin Boulevard
Jamaica, NY 11435
Phone: (718) 298-0500

Probate Court Case Lookup

In Queens County, the Surrogate's Court maintains records of probate proceedings, including wills, estate administrations, and related documents. Researchers may conduct a probate court case lookup using the following resources:

• WebSurrogate: This free statewide service provides access to public information on estate proceedings within the state's Surrogate's Courts, letting individuals search publicly accessible court files and historical records. Researchers can narrow their searches to name search, will search, or file search. One may also find records by file number or name.
• In-Person Request: Individuals may contact the Queens County Surrogate's Court Clerk's Office with a request for specific probate records at:

88-11 Sutphin Boulevard
Jamaica, NY 11435
Phone: (718) 298-0500

Basic search criteria, such as the decedent's full name, date of death, filing number, and case number, are required to locate a specific probate case.

How to Find Probate Records Online Free

Queens County probate records can be found online for free using the "WebSurrogate's" online search tool, which allows users to search for and retrieve public information on estate proceedings within the state's Surrogate's Courts. This platform enables individuals to search for case files by party name or file number, view file histories, and access associated documents. Certain probate information, such as wills, can be found online using the New York Archives Probate Pathfinder tool.

How Long Does Probate Take in New York?

There is no specified timeline for a probate process in New York state. However, many factors can affect how long a probate takes. One key factor that influences the probate period is the seven-month minimum creditor waiting period (EPTL § 11-1.5).

Given this statutory period, a straightforward probate process in New York State typically spans at least seven months. However, complexities such as will contest and disputes (SCPA § 1404), court approval for the will executor actions (SCPA § 2102, § 1902, § 719), estate taxes and IRS Filings (Tax Law § 954(a)), missing or uncooperative beneficiaries (SCPA § 315), or challenges in asset valuation, can extend this duration.

Are Wills Public Record?

No, wills are a confidential document until the person dies. A will (also called Last Will and Testament) describes how the decedent's estate and assets, including guardianships and conservatorships, will be divided after their death.

Under New York laws, a person must file and admit the original copy of their will with the Surrogate's Court before their wishes can be followed after death. Once the person dies and the will is filed for probate, it generally becomes a public record, accessible to anyone interested.

Still, sensitive information within the will and its related documentation, such as those containing minors' information or other sensitive data, may be redacted or sealed to protect privacy.

How to Find Out If Someone Has a Will

A will is typically confidential while its testator is alive; hence, outside of the testator, their attorney, or the will executor, third parties are usually unable to view its content. To confirm if someone has a will, one might begin by checking with the Queens County Surrogate's Court whether any will was filed for probate or conduct a name search using the Surrogate's court's online search resource.

One might also attempt to identify and contact the attorney who assisted the decedent with their estate planning or the decedent's family and close friends to find out about the existence of any will. Other options include searching the decedent's physical storage locations, such as a deposit box, or digital storage spaces, such as a hard drive or computer.

Queens County Family Court Case Search

The Queens County Family Court hears cases involving child abuse and neglect, paternity, guardianship, child support, conservatorship, adoption, child custody and visitation, domestic violence, guardianship, and so on.

Public family court cases in Queens County can be viewed online on the Unified Court System's eCourts portal using search criteria like party names or case numbers, attorney or firm, count, court location, filing dates, judge's name, etc. Alternatively, interested persons may contact the clerk of the Queens County Family Court at:

151-20 Jamaica Avenue,
Jamaica, NY 11432
Phone: (718) 298-0197
Fax: (718) 297-2826

However, because of the sensitive nature of many family court cases, certain case documents, such as those involving minors, may be restricted from public access to protect privacy. Only eligible parties can access sealed or confidential records and may need to verify their identity.