Detailed Answer
When a person dies in New York State, their estate typically goes through probate in the Surrogate’s Court of the county where they resided. To determine if a probate estate has been opened for a decedent, follow these steps:
- Identify the Decedent’s Last Residence: Probate is generally filed in the county of the decedent’s legal residence at time of death. Check the decedent’s last known address, obituary, or death certificate.
- Search the Surrogate’s Court Index: Each county’s Surrogate’s Court maintains a public index of probate filings. Many courts offer an online case index:
- New York State Courts E-Filing (NYSCEF) portal
- County-specific Surrogate’s Court websites (for example, New York County)
- Search by Name and Date of Death: Enter the decedent’s full legal name and approximate date of death. Look for petition filings under EPTL § 3-1.1 and SCPA § 901.
- Contact the Court Clerk: If the online search yields no results, call or visit the Surrogate’s Court clerk’s office. Provide the decedent’s name, date of death, and last residence to help the clerk locate any records.
- Review Court Filings: If a case exists, request copies of the probate petition, letters testamentary or letters of administration, and any court orders. These documents confirm that the estate has been opened.
- Check Public Notices: Probate proceedings often require publication in a local newspaper under SCPA § 904. Reviewing these notices can help identify an open estate.
Helpful Hints
- Spell the decedent’s name exactly as it appears on official documents.
- Try alternative spellings, initials, or nicknames.
- Search adjacent counties if the decedent owned property or moved recently.
- Use online portals outside normal business hours for faster access.
- Consider hiring a title company or a private investigator for complex searches.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance specific to your situation.