Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under New York law, most estate and probate records filed with a county Surrogate’s Court are public documents. You can request copies of wills, inventories, accountings, and other estate papers by providing specific details. The governing statute is SCPA §207, which grants public access, subject to confidentiality rules in SCPA §210 for sensitive information.
To request estate files from a county Surrogate’s Court or probate division, you generally need the following information:
- Decedent’s Full Name: The complete legal name as recorded on the estate papers.
- Date of Death: Month, day, and year of the decedent’s passing.
- Surrogate’s Court and County: The county where the probate proceeding was filed.
- Docket or Index Number: The case number assigned by the court (often called the probate or estate docket number).
- Type of Document: Specify whether you need the will, letters testamentary/administration, inventories, accountings, or miscellaneous administrative records.
- Requestor Information: Your name, address, phone number, and email for the court’s response.
- Purpose of Request: A brief statement (some courts require this for internal tracking).
- Copy Fees: Most counties charge a per-page copying fee (commonly $0.50 to $1.00).
Some counties offer online indexes or e-filing portals. You may search for the docket number by decedent name and then submit a request form electronically. If you cannot find the docket number, you can submit the decedent’s name and date of death; the court clerk can assist you in locating the correct file.
Helpful Hints
- Visit the local Surrogate’s Court website first. Many post printable request forms and fee schedules.
- Double-check spelling and dates to avoid delays.
- If you lack the docket number, ask the clerk to perform a name search.
- Include a self-addressed, stamped envelope if you’re mailing your request.
- Pay fees by check or money order payable to the county Surrogate’s Court.
- Confirm whether certified copies (extra fee) are required for legal purposes.
- Keep your own copy of the request and any receipts for your records.