Westchester County Probate Records

Westchester County probate records are legal documents containing information about probate actions and the administration of a deceased person's estate in the county. These records include documents such as wills, petitions, letters testamentary, claims, judicial decrees, letters of administration, and inventory of assets.

Probate records typically take different forms, including physical and electronic/digital documents. Like related Westchester county court records, they are available to individuals through the surrogate’s court and are usually sought to verify inheritance, resolve will or inheritance disputes, conduct genealogical or historical research, etc. In Westchester County, as in the rest of New York, probate cases are heard by the surrogate’s court.

The probate process is generally required in Westchester County if a person died a county resident (or owned property in the county) and left a will that needs to be validated by the court (New York Surrogate's Court Procedure Act (SCPA) § 1401). If the deceased died without a will (intestate), the estate still goes through a court-supervised process, but it is called "administration" rather than probate (SCPA § 1001).

Are Probate Records Public?

Yes. Probate records are public in Westchester County under New York State law (i.e., the New York Freedom of Information Law—FOIL). The New York FOIL grants the public the right to access government records. Under this law, individuals can request to review or copy probate case records, including wills, petitions, and estate administration documents from the custodian (i.e., the Surrogate's Court of Westchester County).

However, under the law, certain information, such as SSNs, medical records, and bank details, may be redacted or sealed to protect individual privacy. Adoption records and records related to minors may also be redacted or sealed from public disclosure.

What is Probate Court in Westchester County?

Probate cases in Westchester are heard in the Surrogate's Court of Westchester County. This court handles all probate matters, including the probate of wills, administration of estates, trusts, and guardianships. The Surrogate's Court is governed by the New York Surrogate's Court Procedure Act (SCPA) and the Estates, Powers, and Trusts Law (EPTL) regarding probate matters in the county.

The contact address for the Surrogate's Court of Westchester County is listed below.

111 Dr. Martin Luther King Jr. Boulevard
19th floor
White Plains, NY 10601
Phone: (914) 824-5656
Fax: (914) 358-8042
Email: VirtualWestchesterSurrogatesCourt@nycourts.gov.

Probate Court Case Lookup

Individuals seeking to look up or obtain Westchester County probate records should contact the Westchester County Clerk’s Office. This can be done in person (Monday through Friday, from 8:30 a.m. to 4:30 p.m.), by mail, or by phone.

Office of the Westchester County Clerk
110 Dr. Martin Luther King, Jr. Boulevard
Room 330
White Plains, NY 10601
Phone: (914) 995-3080
Fax: (914) 995-4030

Alternatively, individuals can reach out to the Surrogate's Court of Westchester County in person, by email, by phone, or by fax for inquiries regarding probate records:

Surrogate's Court of Westchester County
111 Dr. Martin Luther King Jr. Boulevard
19th Floor
White Plains, NY 10601
Phone: (914) 824-5656
Fax: (914) 358-8042
Email: VirtualWestchesterSurrogatesCourt@nycourts.gov.

They can also search for probate records online using the free New York "WebSurrogate" portal. This portal provides information on estate proceedings and filings within New York State Surrogate's Courts. Individuals can search probate files, retrieve documents, and view historical records through the portal. Basic information such as a case number or party is required to locate a record.

How to Find Probate Records Online Free

Individuals can access Westchester County probate records online for free by visiting the Office of the Westchester County Clerk. There, they can use free public viewing terminals to search court records, including those from the Westchester Surrogate's Court.

Additionally, they may contact the clerk of the Surrogate's Court of Westchester County to review probate case records or use the "WebSurrogate" portal. While inspecting probate records from these sources is usually free, fees will apply for obtaining plain or certified copies.

Alternatively, they may utilize online third-party aggregate services to find Westchester County probate records for free.

How Long Does Probate Take in New York

It typically takes nine to 18 months to complete a probate process in New York. However, some cases may take longer depending on the peculiarity and circumstances of the case. Generally, the following are some of the common factors that can significantly influence how quickly a probate is resolved:

• The size and complexity of the estate
• The presence or absence of a will
• The presence of any disputes or contests regarding the will
• Court backlog/schedule
• Need for the inventory of assets
• Claims from creditors
• Tax issues or obligations.

Are Wills Public Record?

Yes. Wills become public records in New York and are typically accessible once they are submitted to the probate court (i.e., the Surrogate's Court). As such, individuals seeking to review or obtain these documents may do so from the Surrogate's Court.

However, portions of a will—or the entire document—may be excluded from public access if they contain sensitive or private information or the court seals them under certain conditions.

How to Find Out If Someone Has a Will

Finding out if a living person has a will is generally not possible without their permission, as wills remain confidential during the testator's lifetime. However, if the testator has passed, individuals can obtain information about the decedent's will.

First, if the will has been admitted to probate, they can review or obtain copies from the Surrogate’s Court of Westchester County. This search can be done in person, by fax, or by phone. Second, if the will cannot be located through the court, individuals can reach out to those who may know if a will exists and where it is located. These include the executor, the attorney who drafted the will, or the beneficiaries named on the will.

Westchester County Family Court Case Search

Westchester County’s three family courts hear and determine family law matters. These include cases such as child custody and visitation; adoptions and guardianship; juvenile delinquency; persons in need of supervision (PINS); child neglect and abuse; determination of paternity; and domestic violence between family members.

Interested individuals who seek to search for or obtain copies of these records in Westchester County should contact the Westchester County Clerk’s Office. This office is the primary custodian of court records in the county and entertains requests in person (Monday through Friday) from 8:30 a.m. until 4:30 p.m., or by mail.

Office of the Westchester County Clerk
110 Dr. Martin Luther King, Jr. Boulevard,
Room 330
White Plains, NY 10601
Phone: (914) 995-3080
Fax: (914) 995-4030

Alternatively, interested parties may visit "Westchester Records Online" to search for these records. They can use different search criteria, including party names, case numbers, filing dates, and case type. Additionally, they may contact an originating family courthouse in the county for a case record.

Note: Family law records such as adoption records, child custody, and domestic violence case records may be excluded from public disclosure pursuant to provisions under the New York Domestic Relations Law and the New York Family Court Act (FCA § 166).