Detailed Answer
Choosing the correct venue for a decedent’s estate ensures efficient administration and reduces disputes. In New York, venue rules for probate and administration appear in Article 2 of the Surrogate’s Court Procedure Act.
Primary Venue (Domicile County): Under SCPA §207, you must file your probate or administration petition in the county where the decedent was domiciled when they died. The court in that county has exclusive jurisdiction over the estate. For instance, if John Smith lived and died in Westchester County, you must open his estate in Westchester Surrogate’s Court.
Ancillary Venue (Nonresident with New York Property): If the decedent was not a New York domiciliary but owned real or tangible personal property in the state, open an ancillary estate in the county where the property sits, per SCPA §210. Example: A nonresident decedent owns a Catskills vacation home in Ulster County, so you file an ancillary administration in Ulster Surrogate’s Court to distribute that asset.
Transferring Venue: You may need to transfer a pending administration if you filed in the wrong county or if assets, witnesses, or beneficiaries are concentrated elsewhere. Although the Surrogate’s Court Procedure Act lacks a specific transfer-of-venue provision, courts rely on their inherent authority and equitable considerations. File a petition outlining why the alternate county offers greater convenience and cite SCPA §207 to confirm the decedent’s domicile or property location.
Helpful Hints
- Confirm the decedent’s domicile at death—this establishes your primary venue.
- Search county land records to identify any New York real property and ancillary venue needs.
- Gather witness and beneficiary addresses to support a petition for venue transfer if necessary.
- Review each county’s Surrogate’s Court rules; procedures and fees can vary.
- File promptly. Delayed petitions can trigger objections or statutory deadlines.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for personalized guidance.