Detailed Answer
Disclaimer: This article is for informational purposes and does not constitute legal advice. Always consult a qualified attorney to address your unique situation.
1. Identify the Correct Surrogate’s Court
Under New York law, the original will must be filed in the Surrogate’s Court of the county where the decedent was domiciled at death. See SCPA § 306.
2. Locate the Original Will or Filed Copy
If you possess the decedent’s original will, confirm it bears the testator’s signature and any required witness attestations. If the will was already deposited for safekeeping, request a certified copy from the Surrogate’s Court clerk’s office in the county of deposit.
3. Prepare and File a Probate Petition
Submit to the Surrogate’s Court:
- A probate petition (SCPA Form PC-1).
- The original will or the certified filed copy.
- Death certificate.
- Any required affidavits from witnesses.
The court will review your petition and schedule a probate hearing. Creditors and heirs receive notice.
4. Handling a Lost or Destroyed Original Will
If the original will is missing, you must file a lost will petition under SCPA § 1403. You’ll need:
- A copy of the will and proof of its contents.
- Testimony or affidavits explaining the loss and confirming authenticity.
The court may grant probate on that record if satisfied it truly reflects the decedent’s intent.
5. Pay Filing Fees and Obtain Letters Testamentary
Upon successful filing, pay the statutory filing fee. After the court admits the will to probate, you receive Letters Testamentary authorizing estate administration.
6. Safekeeping Under EPTL § 3-3.3
Attorneys and fiduciaries may deposit wills for safekeeping under EPTL § 3-3.3. This ensures an original stays secure until probate begins.
Helpful Hints
- Double-check the decedent’s last residence to confirm the correct Surrogate’s Court.
- Bring extra certified death certificates for court filing and estate bank accounts.
- Keep a record of all documents submitted and court receipts.
- If you can’t locate the original will, start gathering credible witness statements early.
- Consult probate fee schedules on the Surrogate’s Court website to budget for filing costs.