This topical guide serves to direct researchers to probate documents from specific time periods and (in some cases) from various regions of New York State. Each category of documents (e.g. "Wills") is broken down into one or more sets of geographical and chronological parameters.
John Arneson, "The Legal Angle in the Surrogate's Office," Tree Talks, 3 (1963), 7-9, 74-76. [Helpful guide to records of Surrogate's Courts.]
Rosalie F. Bailey, Guide to Genealogical and Biographical Sources for New York City (Manhattan), 1783-1898 (New York: 1954). [Still a useful guide to probate and other records, though some of the custodians have changed.]
The Surrogate's Court in each county generally has records dating back to the establishment of the county or 1787, whichever was later. Record keeping was systematized by an 1830 statute. Surrogate's Courts maintain records of wills, letters testamentary, letters of administration, orders and decrees, and appointments of guardians; and filed papers, including original wills, petitions for probate (gives date of death and lists next of kin), performance bonds, property inventories (seldom found after ca. 1900), administrator's or executor's accountings, etc.
19802-78, -97 Article 10 Estate Tax Files, 1885-1990 (89 cu. ft.)
Between 1823 and 1966, in cases where an out- of-state resident owned property in New York, the Surrogate's Court was required to send a certified copy of the will or letters of administration to be filed in the Secretary of State's Office.
B0081 Letters of Administration and Copies of Wills of Out-of-State Residents, 1823-1966 (51.2 cu. ft.)
Between 1830 and 1847 the Court of Chancery shared with the Surrogate's Court the power to take proof of wills when the testator or the witnesses resided out of state. After probate in chancery, a Surrogate's Court supervised the administration and disposition of the estate.
Between 1786 and 1829 the Supreme Court and the county courts of common pleas shared with the Surrogate's Courts the power to prove and record wills devising real property, and also wills whose witnesses were unable to appear in court. In addition, between 1801 and 1829 the Supreme Court had the exclusive power to prove and record wills devising real property located in several counties. (Wills proved in the courts of common pleas were recorded by the county clerks.
Between 1665 and 1686 wills were usually proved (determined to be authentic), and administration granted in a local court of sessions or the mayor's court in New York City, or by the governor. After 1686 the royal governor possessed final jurisdiction in probate matters. The provincial secretary or his deputy served as the governor's delegate or "surrogate" and presided over what was called the Prerogative Court. After 1670 wills and grants of administration were required to be recorded in the secretary's office.
Most of New York's probate records are maintained by the Surrogate's Court, which was established in each county in 1787. However, the New York State Archives holds two large groups of probate records: wills, inventories, and other documents recorded, filed, or maintained by the colonial Prerogative Court, 1686-1783, and its successor, the State Court of Probates, 1778-1823; and wills from the New York County Surrogate's Court, 1787-1879.
The New York State Archives is part of the Office of Cultural Education, an office of the New York State Education Department.