Probate in Long Island: Nassau & Suffolk Surrogate’s Courts

Probate on Long Island is not one process — it is two. A decedent who lived in Nassau County is probated at the Nassau County Surrogate’s Court in Mineola; a Suffolk County resident is probated at the Suffolk County Surrogate’s Court in Riverhead. Which court hears your case is fixed by the decedent’s county of domicile under SCPA 205–206, and the substantive rules come from New York’s Estate Powers and Trusts Law (EPTL) and Surrogate’s Court Procedure Act (SCPA). This hub explains how it all works.

Why “Long Island probate” is a two-county question

Most Long Island estate guides quietly pretend the region is a single jurisdiction. It is not. Long Island is Nassau and Suffolk — two distinct counties, two separate Surrogate’s Courts, two filing windows, two clerks’ offices, and two very different commutes. The county where the decedent was domiciled at death controls venue, and you cannot file a Mineola resident’s estate in Riverhead or vice versa.

That distinction has real consequences. A family in Garden City files in Mineola, a short drive away. A family in Montauk or East Hampton files in Riverhead — which sits on the far eastern end of Suffolk, an hour or more from much of the county. This site is built around that two-county reality and around the asset type that defines Long Island estates: the single-family home.

Unlike Manhattan and Brooklyn estates, which revolve around co-op shares and condos, Long Island estates are dominated by detached homes held as real property. Add to that boats, small family businesses, and East-End second homes in the Hamptons, and you have an asset mix that probate process pages written for the five boroughs simply do not address. This hub does.

Where to start: the pillars of Long Island probate

• How the Long Island probate process works — the full step-by-step path from petition to distribution under the SCPA, for both Nassau and Suffolk.
• Nassau & Suffolk Surrogate’s Courts — jurisdiction, the domicile rule, e-filing, and what each court actually handles.
• Executor and administrator duties — what a Long Island fiduciary must do, plus SCPA 2307 commissions.
• Will contests and contested estates — standing, grounds, and SCPA 1404 examinations on Long Island.
• The complete Long Island estate guide — the deep local resource on Nassau vs. Suffolk realities, homes, boats, and the East End.
• Frequently asked questions — quick, statute-grounded answers scoped to Nassau and Suffolk.

How probate works on Long Island, at a glance

1. Locate the original will and order certified death certificates.
2. File a probate petition with the correct county’s Surrogate’s Court under SCPA 1402.
3. Notify distributees by citation so they can object or consent.
4. Receive Letters Testamentary — the court’s authority for the executor to act.
5. Marshal assets, pay debts and taxes, then distribute to beneficiaries.
6. Account to the beneficiaries (informally or by judicial accounting) and close.

For the detailed version with required documents and filing fees, see the Long Island probate process guide.

Local court & statute snapshot

Common questions

Which Long Island court do I file in? The one in the county where the person lived at death — Nassau (Mineola) or Suffolk (Riverhead). See the FAQ.

How long does probate take here? An uncontested Long Island estate commonly runs 7–12 months; contested or kinship matters take longer. Details on the probate process page.

Do I always need full probate? No — small estates under $50,000 in personal property may use voluntary administration under SCPA Article 13. See the estate guide.

About this resource

This site is published by Morgan Legal Group, led by attorney Russel Morgan, a New York estate and probate practice serving Nassau and Suffolk County families. The information here is grounded in the EPTL and SCPA as applied by the two Long Island Surrogate’s Courts. Learn more on our about page.

Talk it through

Probate is procedural, and the right first step is usually a conversation about your specific estate. You can book a 30-minute consultation with Russel Morgan via Calendly — informational, no pressure. See the contact page for service-area details.