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).
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.
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.
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.
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.
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.