Probate Record Pathfinder

Since 1787, wills and other papers relating to the estates of deceased persons have been filed in and retained by the Surrogate's Court in each county of the state. To obtain information regarding an individual's estate, contact the Surrogate's Court in the county where the individual resided. To determine the county in which a municipality in New York State is located, you may link to the Geographical Names Information System provided by the U.S. Geological Survey. Enter the municipality in the “Feature Name” field and select New York from the “State or Territory” drop down menu. Search results will list county name.

The Surrogate’s Courts do not accept email requests for research assistance. The preferred method of inquiry is in writing via U.S. Mail. Frame such requests in succinct and specific terms, stating name of decedent and date of death. Applicable search, copying, and authentication fees may be charged. Researchers should keep in mind that in all time periods, many people died without wills, and there may have been no court-supervised distribution of their estates.

More recent records relating to the estates of persons who died without a will (intestate) are found in the Surrogate's Court. In such cases, the court appoints an administrator, whose duties are similar to those of an executor, and distribution of the property to heirs is made according to state law. In instances when an executor declines to assume responsibility, a “renunciation” is made, and the court appoints an administrator.

The State Archives holds a limited quantity of post-1787 probate records in very specific categories

New York County Surrogate’s Court

The New York State Archives holds recorded and original wills from New York County (Manhattan) for selected time periods (including series J1043-92 Record of Wills and Probates, 1787-1879 and J1038-92 Probated Wills, 1787-1829). Digitized versions are available for free to New Yor residents at Ancestry.com New York. However, the Archives holds no letters of administration, petitions for probate, accountings, orders, decrees, or other documents that may relate to the administration of a decedent’s estate. Such documents, if they still exist, should be in custody of the New York County Surrogate's Court.

As with other probate research focusing on the post-1787 period, the Surrogate’s Court itself is the best source of information. If inquiries to the New York County Surrogates Court regarding wills filed from 1787-1879 are unsuccessful, please see Probate Research Assistance Provided by the State Archives.

Wills Devising Real Estate

Between 1786 and 1829 the State Supreme Court and the county courts of common pleas shared with the Surrogate’s Courts the power to prove (authenticate) and record wills devising real estate (giving real property by will). Between 1801 and 1829, the Supreme Court had exclusive power to prove and record wills devising real property located in several counties. The State Archives holds three small series:

J0041-85 Record of Wills Proved at Albany, 1799-1829. 0.3 cubic feet (1 volume).

J2041-04 Record of Wills Proved at New York, 1787-1829. 1 microfilm roll.

J0020-82 Record of Wills Proved at Utica, 1818-1829. 0.2 cubic feet (1 volume).

Records of Out-of-State Residents

Between 1830 and 1847, the Court of Chancery shared with the Surrogate’s Courts the power to prove wills when the testator or the witnesses resided out of state. See J0040 (-82 and -85) Record of Foreign and Out-of-State Wills Proved, 1830-1848 (3 volumes; 1 microfilm roll). Series contains wills and proceedings in proof of wills.

Between 1823 and 1966, in cases where an out-of-state resident owned property in New York, the Surrogate’s Courts were required to send a certified copy of the will or letters of administration to be filed in the Secretary of State’s Office. See B0081-92 Letters of Administration and Copies of Wills of Out-of-State Residents, 1823-1966 (51.2 cubic feet). Series includes copies of wills and letters of administration or letters testamentary.

Article 10 Estate Tax

Estate tax appraisal and accounting records are normally found in the Surrogate's Court in the county where the probate proceeding occurred. In a few cases, where there is an ongoing requirement that the state supervise/monitor trusts set up by estates, the estate tax files are held by the State Dept. of Taxation and Finance. The department administers Articles 10, 10-C, and 26 of the State Tax Law regulating payment of taxes on the transfer of property from decedents' estates.

19802 (-78 and-97) Dept. of Taxation and Finance, Article 10 Estate Tax Files, 1885-1990 (89 cubic feet). Arranged by status (active, closed, or remainder) and alphabetically by name of decedent. These are files on estates of individuals (usually wealthy) who established life trusts to dispose of their estates. The bulk of the files pertain to individuals who lived in or near the greater metropolitan New York area.

New York Probate Records Microfilmed and Digitized by FamilySearch

FamilySearch (formerly Genealogical Society of Utah) has microfilmed many probate records in the custody of the Surrogate’s Courts in numerous counties across New York State. Most of these records pre-date the early twentieth century. Available microfilm is listed in FamilySearch’s Family History Library Catalog. Complete listings of GSU microfilm copies of New York probate records are also available in Gordon L. Remington, New York State Probate Records: A Genealogist’s Guide to Testate and Intestate Records, 2d ed. (Boston: New England Historic Genealogical Society, 2011).  

Microfilm may be examined at the FamilySearch Family History Library in Salt Lake City, Utah and may also be accessed through a worldwide network of FamilySearch centers. For help in locating the FamilySearch center nearest you, visit the Family History Center webpage.

FamilySearch has also digitized most microfilmed New York probate records. Images may be searched or browsed by visiting the FamilySearch website (free access). Images are also available by subscription at Ancestry.com.