Detailed answer — What you must know and do

1. Identify the correct Surrogate’s Court

The Surrogate’s Court that handles probate matters is generally the court in the county where the decedent was domiciled at the time of death. If the decedent lived outside New York but owned real property in New York, you may need to open an ancillary probate in the county where that property is located.

Resources: New York Surrogate’s Courts directory and information pages are maintained by the New York State Unified Court System. For statutory rules that govern wills and probate, see the Surrogate’s Court Procedure Act (SCPA): https://www.nysenate.gov/legislation/laws/SCPA.

2. Call the Surrogate’s Court clerk before sending anything

Each county may have slightly different procedures, forms, and fee schedules. Call or email the clerk’s office to ask:

• Whether the court accepts mailed original wills or requires in-person filing;
• Which petition or indexing forms the court prefers (many counties have specific cover sheets or mandatory forms);
• The exact filing fee and whether payment by check, money order, or electronic payment is accepted;
• Whether you must file a petition for probate immediately or if the clerk will hold the original will until a petition is filed.

3. Prepare required documents

Typical items you should have ready to submit with the original will (or at least include in the mailing) include:

• Original will (do not unseal or alter the document);
• Death certificate (certified copy, if available);
• Petition for probate or a cover letter stating that you are submitting the original will and intend to file for probate (the clerk will tell you the court’s preferred petition form);
• Contact information for the proposed executor (name, address, phone, email);
• Filing fee (check clerk for the correct amount);
• Copies of any other estate-related documents you have, such as codicils or previous wills.

Do not sign on the will or write on it. Keep clean, clear photocopies for your records.

4. Mail the original safely, or arrange local filing

If the clerk permits mailed submissions, follow these best practices:

• Use a tracked, insured overnight courier or certified mail with return receipt;
• Include a signed cover letter that identifies the decedent, the date of death (if known), your relationship to the decedent, and a request that the court file-stamp receipt of the original will and return a stamped, dated acknowledgment to you (include a prepaid return envelope if you want the original returned after filing);
• Ask the clerk how the court handles original wills after filing — some courts hold the original in their custody while probate is pending, while others return it after entering an order;
• Request a receipt or a file-stamped copy of the petition or an acknowledgement email from the clerk when the will arrives.

Alternatively, hire a local attorney or a court-filing service in the decedent’s county to deliver and file the will in person. A local person can often obtain immediate proof of delivery and handle follow-up filings.

5. Filing the petition for probate

Filing the original will is usually paired with a petition for probate (to appoint the executor and admit the will). The petition must be submitted to the Surrogate’s Court with required supporting documents and notices to interested parties. If you are out of state, you can file the petition remotely (by mail) in many counties, but some courts may require an in-person appearance for certain hearings.

The SCPA contains the rules that govern probate procedure in New York; review the applicable sections and consult the court clerk for form requirements: https://www.nysenate.gov/legislation/laws/SCPA.

6. Ancillary probate and non-domiciliary issues

If the decedent was domiciled outside New York but owned New York real estate, you will likely need to open an ancillary probate in New York for that property only. The ancillary process has its own requirements and usually involves filing a certified copy of the domiciliary probate or letters from the decedent’s home-state court in addition to the will.

7. Consider hiring a New York attorney

New York probate rules and SCPA requirements can be technical. Hiring a local attorney can be especially helpful when:

• You live out of state and cannot appear in person;
• The estate has significant New York real property or complicated assets;
• There may be disputes or creditor claims;
• The will is missing, lost, or appears to have been altered (special rules apply for lost or revoked wills).

Helpful Hints

• Always preserve the original will’s condition. Do not open sealed envelopes containing the will, staple anything to it, or make marks on it.
• Make multiple clear photocopies (front and back) before sending the original. Keep one copy in your out-of-state file and one with a trusted local contact or your attorney.
• Use tracked, insured shipping and require a signature on delivery. Keep all tracking numbers and receipts.
• Verify filing fees and acceptable payment methods with the clerk before you send money.
• If the decedent died outside New York and you expect to handle property in more than one state, ask about ancillary probate requirements early.
• If the original will cannot be located, you will need to follow the SCPA procedures for proving a lost will. Contact the Surrogate’s Court or an attorney promptly.
• Document every contact with the court and any actions you take (dates, names, phone numbers, emails).