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 Suffolk — and Suffolk publishes detailed local protocols.
Where to File in Suffolk
If the person who died was domiciled in Suffolk County, the probate case is filed with Suffolk County Surrogate's Court at 320 Center Drive, Riverhead, NY 11901. The court's phone is 631-852-1745 (an automated menu system). The court's protocols also publish a direct line for its Probate Department: 631-852-1725.
Not sure Suffolk 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.
Mandatory E-Filing (NYSCEF)
Suffolk has been a mandatory e-filing county for years. Under the court's NYSCEF protocol, e-filing is mandatory for all new probate, administration, and accounting/miscellaneous proceedings — and their related and subsequent proceedings — commenced on or after January 24, 2018, under Uniform Rules 207.4-a and 207.4-aa. Motions must be e-filed — per the court's published protocols, hand-delivered papers are deemed rejected.
The Original Will & Death Certificate
Two Suffolk-specific rules many filers don't expect, per the court's NYSCEF protocol:
- The original will — staples intact. The original will must be scanned WITHOUT unstapling, and the paper original must be filed with the court within 2 business days of e-filing.
- The death certificate — 2 business days. A certified death certificate must also be filed within 2 business days of e-filing.
Both paper follow-ups can be delivered by hand: the court's protocols confirm that original wills and death certificates may be filed in person at the courthouse at 320 Center Drive in Riverhead.
The Safekeeping-Will Check
Suffolk's court accepts wills for safekeeping — people can deposit their will with the court during life. That's why, before any initial e-filing, the protocol requires two separate steps: first, run an inquiry in the e-filing system on the decedent's last name plus first initial to see whether a file is already open (the protocol asks that you not call the court for that); second, contact the court to ask whether another will for the decedent is on file — for example, filed for safekeeping. If a safekeeping will exists, that original is already in the court's hands.
The court also publishes rules for its safekeeping vault. To find out whether someone who died left a will in safekeeping, you must provide a certified copy of the death certificate — in person or by mail addressed to the court, ATTN: Cashier. If a will is located, the court keeps the death certificate and files the will as a public record. And a safekeeping will can only be removed or replaced in person: the testator must appear with two forms of identification, or an agent must also present an acknowledged 'Request for Delivery of Will Held for Safekeeping to Testator's Agent' form.
If the Will Is Contested
Per the court's published protocols, new contested matters in Suffolk are subject to mandatory ADR — mediation through the court's roster mediators or private mediation. Motions must be returnable on a Tuesday process-calendar day, responding papers are due by noon on the due date, and adjournments must be requested at least 2 business days before the return date. Confirm current details against the court's current protocols document.
Where and how you appear also follows local rules. Per the court's protocols, the process calendar is called at 9:30 a.m., in person unless arranged with the court in advance, and the calendar markings are posted on the court's website each week. In-person appearances are required for the process calendar, orders to show cause, SCPA 2103 examinations, and orders to compel production of a will — virtual appearances are permitted only in the court's discretion.
The court also publishes what mediation costs: roster mediators are paid $300 per hour, the first 1.5 hours of the mediation session (and the mediator's preparation time) are uncompensated, and the fee is split equally between the parties unless they agree otherwise. The court's ADR coordinator is Catherine Recine (sufsur-ADR@nycourts.gov, 631-852-1746).
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.
Frequently Asked Questions
Do I have to e-file a probate petition in Suffolk County?
For represented filers, yes. Under the court's NYSCEF protocol, e-filing is mandatory for all new probate proceedings (and related and subsequent proceedings) commenced on or after January 24, 2018. Unrepresented (pro se) filers are exempt but may opt in, and attorneys may opt out only by certifying a lack of the required equipment or knowledge.
What happens to the original will after I e-file?
Per the court's NYSCEF protocol, the original will must be scanned WITHOUT removing its staples, and the paper original must be filed with the court within 2 business days of e-filing. A certified death certificate must also be filed within 2 business days of e-filing.
How do I check for a will filed with the court for safekeeping?
Suffolk's Surrogate's Court accepts wills for safekeeping. Under the court's NYSCEF protocol, there are two separate pre-filing steps: run an inquiry on the decedent's last name plus first initial in the e-filing system to see whether a file is already open (the protocol asks that you not call the court for that), and separately contact the court to ask whether another will for the decedent — such as one filed for safekeeping — is on file. To search the vault for a deceased person's will, the court requires a certified copy of the death certificate, in person or by mail (ATTN: Cashier); if a will is located, the court keeps the death certificate and files the will as public record.
What if someone contests the will?
Per the court's published protocols, new contested matters in Suffolk are subject to mandatory ADR (alternative dispute resolution) — mediation through the court's roster of mediators, with a private-mediation option. Confirm the current procedure against the court's current protocols document or with the court before relying on it.
How much does probate cost in Suffolk County?
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. In Suffolk, the court accepts SCPA fees by credit card through NYSCEF or by payment at the court — and under the court's e-filing protocol, the filing is deleted if a payment being made at the court is not made within 2 business days of e-filing.
How do I get certified copies of court documents in Suffolk?
Court-certified documents are available through the court's Cashier Department (the court's protocols list the Cashier at 631-852-1730), and the court's records protocol says requests made after 2:45 pm are processed the next business day. Certified copies of a decree or order requested and paid for through NYSCEF arrive by regular mail. For mail requests, make checks payable to 'Clerk of the Surrogate's Court' and send them ATTN: Cashier, 320 Center Drive, Riverhead, NY 11901, with a self-addressed stamped envelope — out-of-state checks are fulfilled only after the check clears.