Detailed Answer

Short answer: Under New York law, the probate court that has primary authority is the court in the decedent’s state of legal domicile at death. If the decedent was not domiciled in New York and owned no property in New York, New York courts generally have no probate jurisdiction. If the person owned real property in New York, an ancillary proceeding in New York may be required to transfer that property.

How courts decide where to open probate

Probate jurisdiction generally depends on two things:

• Domicile (primary jurisdiction): The state where the decedent was legally domiciled – that is, the place the person considered home and intended to remain – normally has the authority to appoint a personal representative and admit a will to probate. New York’s probate and surrogate procedures are in the Estates, Powers & Trusts Law (EPTL) and Surrogate’s Court Procedure Act (SCPA). See the EPTL and SCPA indexes for the governing provisions: https://www.nysenate.gov/legislation/laws/EPTL and https://www.nysenate.gov/legislation/laws/SCPA.
• Situs of property (ancillary probate): Real property (land, houses) is governed by the law of the state where the property sits. If the decedent owned real property in a state where the decedent was not domiciled, an ancillary probate or ancillary administration in that other state is usually necessary to transfer title to that property.

Applying those rules to the common fact pattern

Imagine the common fact pattern: a parent died in State A but lived and paid taxes in State B. Under New York law (and under the basic rules most U.S. jurisdictions follow):

• If the decedent was legally domiciled in State B at death, State B’s probate court is the primary place to open probate. You would typically open the main probate case in State B.
• If the decedent died in State A but was only temporarily present there, that does not usually make State A the place for primary probate unless State A was the decedent’s domicile.
• If the decedent owned real property located in State A, State A may require an ancillary probate or ancillary administration to transfer titles in State A despite the primary probate being in State B.
• If the decedent had property in New York (bank accounts, stocks in NY institutions, or real property in New York), New York courts could handle an ancillary administration to deal with that property even if the primary probate is elsewhere.

When New York courts matter

Under New York law, the Surrogate’s Court in the county where the decedent was domiciled at death has primary jurisdiction if the decedent was domiciled in New York. If the decedent was not domiciled in New York, the New York Surrogate’s Court will not handle the main probate, unless there is New York-situs property that requires an ancillary proceeding. For general guidance on New York probate procedures, the New York State Unified Court System offers practical information: https://www.nycourts.gov/courthelp/willsestate/probate.shtml.

How to determine domicile

Court decisions and probate practice look to objective facts to determine domicile. Useful evidence includes:

• Where the decedent maintained a permanent home.
• Where the decedent voted, paid state income taxes, and held a driver’s license.
• Where the decedent received mail and where family and social ties were strongest.
• Statements in the will or other documents about intent (supporting evidence rather than dispositive proof).

Typical practical steps

1. Locate the original will (if any) and certified death certificate.
2. Collect documents that indicate domicile (tax returns, voter registration, lease/ deed, utility bills, driver’s license).
3. Inventory assets and note the situs of major assets (real estate, bank accounts, investment accounts).
4. If the decedent was domiciled outside New York, plan to open probate in that domicile. If the decedent owned property in New York, plan for an ancillary case in an appropriate New York Surrogate’s Court county.
5. Contact a probate attorney in the state of domicile for the primary probate and a New York probate attorney (if you have NY-situs property) to handle ancillary matters.

Example (hypothetical)

Suppose a parent died while visiting a relative in Virginia but lived and filed taxes in North Carolina for many years. Under the usual rules, North Carolina is the likely place to open the main probate because that is where the parent was domiciled. If the parent also owned a small condo in New York, then you would normally open primary probate in North Carolina and file an ancillary probate in New York just to transfer the New York condo.

Key New York references

• Estates, Powers & Trusts Law (EPTL): https://www.nysenate.gov/legislation/laws/EPTL
• Surrogate’s Court Procedure Act (SCPA): https://www.nysenate.gov/legislation/laws/SCPA
• New York Courts — probate and estate administration information: https://www.nycourts.gov/courthelp/willsestate/probate.shtml

When to consult an attorney

Consider getting legal help if:

• Domicile is unclear or contested.
• There are significant assets in more than one state (real property, large accounts).
• The estate involves federal tax or complex creditor issues.
• Family members dispute the will or appointment of a personal representative.

Disclaimer

This information is educational only and not legal advice. It summarizes general principles under New York law and does not create an attorney–client relationship. For tailored legal guidance, consult a licensed probate attorney in the state where the decedent was domiciled or in New York if you have New York-situs property.

Helpful Hints

• Start by proving domicile with documents (tax returns, lease/deed, voter registration).
• Search critically for an original will — probate is faster with the original document.
• Make a simple asset map listing each asset and the state where it’s located; that helps determine whether ancillary proceedings are needed.
• Get certified death certificates early — most courts and banks require them.
• If possible, consult one attorney in the decedent’s domicile state and one in New York to coordinate primary and ancillary matters.
• Remember that small personal items and bank accounts often transfer under non-probate procedures; real property usually triggers formal probate or ancillary administration.