New York estate proceedings are handled in Surrogate's Court, and New York City property records use city systems that differ from many upstate county offices.
Official starting point
New York State Unified Court System
For a court or estate filing, begin with the Surrogate's Court in the county with venue. For real-property ownership and recorded transfers, check the city register or county clerk land records.
Five records to identify before choosing a document
| Question | Record to check | Where the answer comes from |
|---|---|---|
| Who owns the asset? | Deed, account title, policy, business ledger | city register or county clerk land records or the institution |
| Who can act during incapacity? | Power of attorney, health directive, trust, court order | Signed instrument and New York law |
| Who receives it at death? | Will, trust, beneficiary form, survivorship language | Probate file, trust, recorder, or provider |
| Where is probate filed? | Domicile and property-location evidence | the Surrogate's Court in the county with venue |
| What deadline or form applies? | Current notice, rule, statute, or agency instruction | New York State Unified Court System and the responsible agency |
Questions for a New York lawyer
- What will-signing, witness, notary, or electronic-execution rules apply to this document?
- Which court or office has venue, and are local forms required?
- Does the state recognize the proposed deed, survivorship, transfer-on-death, or small-estate method?
- How do spousal, homestead, family, creditor, tax, or public-benefit rules change the plan?
- What should be updated after a move into or out of New York?
Preparation packet
- Current will, trust, powers of attorney, health documents, and every amendment.
- Deeds, account statements, beneficiary confirmations, entity records, and insurance policies.
- Marriage, divorce, adoption, citizenship, and family-tree information relevant to rights and notice.
- Debts, tax records, care costs, public-benefit notices, and any court papers.
- A one-page list of decisions that must be made, the people involved, and any known deadlines.
Official sources for this state
Use the controlling court, agency, statute, provider record, or governing document before relying on a general explanation.