Nassau & Suffolk Surrogate’s Courts — Long Island Probate Jurisdiction

Long Island estates are handled by one of two Surrogate’s Courts — Nassau County in Mineola or Suffolk County in Riverhead — determined by the county where the decedent was domiciled at death (SCPA 205–206). Each Surrogate’s Court is the specialized New York court for wills, estates, trusts, and related matters. There is no “Long Island Surrogate’s Court”; the region’s two counties run separate dockets, clerks, and calendars. This page explains each court’s jurisdiction and how to navigate them.

Which court has jurisdiction over a Long Island estate?

Venue is set by domicile, not by where property sits. A decedent who lived in Nassau County — Hempstead, Garden City, Long Beach — is probated in Mineola. A decedent who lived in Suffolk — Babylon, Smithtown, Riverhead, the Hamptons — is probated in Riverhead. Even a Nassau resident who owned a Montauk cottage files in Mineola, because that is where they were domiciled.

Court identity blocks

Nassau County Surrogate’s Court

• Address: 262 Old Country Road, Mineola, NY 11501
• Phone: 516-493-3800 (verify)
• Serves: all of Nassau County

Suffolk County Surrogate’s Court

• Address: 320 Center Drive, Riverhead, NY 11901
• Phone: 631-852-1745 (verify)
• Serves: all of Suffolk County — note Riverhead sits far east, an hour-plus from western Suffolk

Both courts derive their authority from the Surrogate’s Court Procedure Act (SCPA) and apply the substantive law of the Estate Powers and Trusts Law (EPTL).

What the Surrogate’s Court handles

• Probate of wills and issuance of Letters Testamentary
• Administration of intestate estates (Letters of Administration)
• Guardianship of the property of minors (SCPA Article 17) — distinct from Article 81 adult guardianship, which is in Supreme Court
• Accountings — judicial settlement of a fiduciary’s handling of an estate
• Will contests and other contested estate litigation
• Kinship proceedings to identify unknown heirs
• Small estates / voluntary administration under SCPA Article 13
• Adoptions and certain trust matters

The domicile rule (SCPA 205–206)

Domicile: the place a person treats as their permanent home and intends to return to — not necessarily where they died or owned property.

Under SCPA 205, venue lies in the county of the decedent’s domicile; SCPA 206 addresses non-domiciliaries who leave property in New York. For Long Island, the practical takeaway is simple: establish which county was home, and that is your court. Disputes over domicile (common with snowbirds who winter in Florida) can themselves become litigated.

Local procedure: e-filing and help centers

Both the Nassau and Suffolk Surrogate’s Courts participate in NYSCEF, New York’s electronic filing system, though the exact scope of mandatory vs. permissive e-filing for Surrogate’s matters should be verified with each clerk before filing. Each court maintains a help center for self-represented petitioners, but staff cannot give legal advice. Suffolk’s single Riverhead location means many filers travel east or rely on e-filing and mail to avoid the trip.

Key court personnel (roles, not names)

• The Surrogate: the elected judge who presides over the county’s estate matters and signs decrees.
• The Chief Clerk: administers filings, calendars, and the issuance of Letters.
• Court examiners/attorneys: review petitions and accountings for completeness.

We name these as roles rather than individuals because incumbents change; confirm current personnel with the court.

Self-represented vs. represented

The Surrogate’s Court help centers assist pro se filers with forms and basic procedure, and small or fully consented estates are sometimes handled without counsel. But anything contested — objections to a will, a kinship question, an accounting challenge — moves quickly into territory where representation is the norm. Across Suffolk’s distances especially, counsel often files electronically and appears so families do not have to make repeated Riverhead trips.

Three Long Island filing realities

1. Two counties, two clerks — confirm you are filing in the domicile county; a misfiled petition is rejected.
2. The Riverhead distance — Suffolk’s eastern courthouse is a genuine logistics factor for western Suffolk and East-End families alike.
3. Real-property focus — Long Island estates usually include a deeded home, so title and recording steps follow probate (unlike co-op-heavy NYC estates).

Frequently asked questions

Is there one Long Island Surrogate’s Court? No. Nassau (Mineola) and Suffolk (Riverhead) are separate courts. The decedent’s county of domicile decides which one.

Can I e-file a Long Island probate? Both courts use NYSCEF, but verify whether your specific matter must or may be e-filed with the clerk before submitting.

What if the decedent split time between Long Island and Florida? Domicile — the permanent-home county — controls. A genuinely Florida-domiciled person may not be probated on Long Island at all (SCPA 206 governs NY property of non-domiciliaries).

Does the Surrogate’s Court handle adult guardianships? No — Article 81 adult guardianships go to the Supreme Court. The Surrogate’s Court handles guardianship of a minor’s property under SCPA Article 17.

Navigate the right Long Island court

Filing in the correct county the first time prevents weeks of delay. To confirm venue and prepare your petition for Mineola or Riverhead, book a 30-minute consult with Russel Morgan via Calendly or read the probate process guide.