What Is Probate?
Probate is the court process that validates a deceased person's will and authorizes the named executor to administer the estate. The court issues Letters Testamentary, which banks and other institutions require before releasing assets.
The legal process is largely the same statewide — the forms are statewide forms and the basic rules don't change from county to county. For the full comparison of probate vs. administration, see our statewide probate vs. administration guide. This page covers what's specific to Queens.
Where to File in Queens
If the person who died was domiciled in Queens, the probate case is filed with Queens County Surrogate's Court at 88-11 Sutphin Boulevard, Jamaica, NY 11435. The clerks' offices are on the 7th floor. The case is handled by the court's Probate Department.
Not sure Queens is the right county? The venue rule is statewide — you file where the person who died was domiciled. Our venue guide explains how domicile is determined.
E-Filing (NYSCEF)
Queens is a mandatory e-filing county for Surrogate's Court. Under the court's protocol, new probate proceedings must be commenced electronically through NYSCEF, and later documents in the case are e-filed as well.
What You'll Need
- The original will
- Death certificate — certified copy
- Probate petition and supporting documents (statewide forms)
- Asset information and heir/beneficiary details
Filing Fees
Surrogate's Court fees are set by state statute (SCPA 2402) and are the same in all 62 New York counties — they are based on the size of the estate. See the full schedule in our statewide filing fees guide.
Free Help at the Court
The Queens County Surrogate's Court Help Center assists with estate proceedings, guardianships, and probate/administration, with access to court forms, sample forms, and informational hand-outs. The New York State Bar Association also runs a pro bono program for certain Surrogate's Court matters (nysba.org/surrogatescourt).
Frequently Asked Questions
Do I have to file the probate petition online in Queens?
Under the court's e-filing protocol, new probate proceedings in Queens County Surrogate's Court must be commenced electronically through NYSCEF. Self-represented (pro se) filers are exempt from mandatory e-filing but may choose to participate.
Which department handles probate at the Queens court?
The court has a dedicated Probate Department. The court instructs filers with questions about the status of a matter to email the department directly; the Clerk's Office general number is (718) 298-0500.
What if the person who died didn't live in Queens?
Surrogate's Court proceedings are generally filed in the county where the person who died was domiciled — not where you live. If they were domiciled in another county, you file there instead. Our statewide venue guide walks through how domicile is determined.
How much does probate cost in Queens?
Surrogate's Court filing fees are set by state statute (SCPA 2402) and are the same in every New York county — they are based on the size of the estate. See our statewide filing fees guide for the full schedule.
Is there free legal help for Surrogate's Court matters in Queens?
The Queens County Surrogate's Court Help Center assists with estate proceedings, guardianships, and probate/administration, with access to court forms and informational hand-outs. The New York State Bar Association also maintains a Surrogate's Court help resource, and free or low-cost counsel may be available for certain matters (nysba.org/surrogatescourt).