When a loved one passes away in Westchester County leaving a Last Will and Testament, that will does not take legal effect on its own. Before an executor can pay debts, sell a home in Scarsdale, liquidate a brokerage account, or distribute an inheritance, the will must be proven valid through a court process called probate. In Westchester, that process runs through the Westchester County Surrogate’s Court in White Plains, the dedicated court that handles every estate matter for residents of the county — from New Rochelle and Yonkers to Mount Vernon, Bedford, and the river towns.
At Morgan Legal Group, attorney Russel Morgan, Esq. provides full-service probate representation. We do not hand you a stack of forms and wish you luck. We file your petition, secure jurisdiction over the heirs, appear before the Surrogate, obtain your Letters Testamentary, and stay with you through final distribution. This is the “full” in full probate law.
Schedule a consultation with Russel Morgan, Esq. →
What Probate Means in New York
New York probate is governed by the Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law (EPTL). Every county has its own Surrogate’s Court, and the case must be heard in the county where the decedent was domiciled at death. For Westchester residents, that is the Westchester County Surrogate’s Court in White Plains.
The purpose of probate is twofold: to confirm that the will is genuine and properly executed, and to grant the named executor the legal authority to act. That authority comes in the form of Letters Testamentary, issued under SCPA §1414. Until those Letters are in hand, no bank, transfer agent, or title company in Westchester will release a decedent’s assets to anyone.
Learn more on our Probate Overview and Surrogate’s Court Guide pages.
The Probate Process in Westchester County Surrogate’s Court
The full sequence of steps is consistent across New York, but local clerk practice in White Plains shapes the pace and the paperwork. Here is how a Westchester estate moves through the system:
| Step | What Happens | Authority |
|---|---|---|
| 1. File the petition | Submit the Petition for Probate with the original will and a certified death certificate to the Westchester County Surrogate’s Court | SCPA Article 14 |
| 2. Establish jurisdiction | Every distributee (heir at law) must sign a waiver and consent or be served with a citation to appear | SCPA §1403 |
| 3. Return date | If no one files objections by the return date, the Surrogate signs the probate decree | SCPA §1408 |
| 4. Letters issue | The court issues Letters Testamentary, the executor’s proof of authority | SCPA §1414 |
| 5. Administer | The executor collects assets, pays debts and taxes, and distributes the balance to beneficiaries | EPTL |
Preliminary Letters When You Cannot Wait
Sometimes an executor needs authority before probate is complete — for example, to stop a foreclosure on a Westchester property, manage a business, or pay urgent estate bills. New York allows the Surrogate to issue Preliminary Letters Testamentary under SCPA §1412, giving the nominated executor interim power while the full petition is pending. We routinely request preliminary letters when timing matters.
For a deeper look at the executor’s role, see our Executor Duties page.
How Long It Takes and What It Costs
An uncontested Westchester probate typically resolves in about three to six months, depending on how quickly heirs return their waivers and how busy the White Plains calendar is. When an heir cannot be located or refuses to sign, the citation process and any objections can extend the timeline considerably.
- Attorney fees for a straightforward estate generally run between $3,000 and $10,000, scaled to the complexity of the assets and whether the matter is contested.
- Court filing fees are graduated by the size of the estate under SCPA §2402 — larger estates pay more. We do not quote a flat number here because the schedule changes; we confirm the exact fee with the Surrogate’s Court clerk before filing.
Small Estates: A Faster Path for Some Westchester Families
Not every estate needs full probate. If the decedent’s personal property (excluding most real estate) falls under the statutory threshold, the estate may qualify for voluntary administration under SCPA Article 13. This streamlined affidavit procedure is faster and less expensive than formal probate and is well suited to modest Westchester estates — a bank account and some personal property, for example. Real property generally cannot pass this way. See our Small Estate Affidavit page to learn whether your situation qualifies.
When Probate Is Contested
If a family member challenges the will — alleging lack of capacity, undue influence, improper execution, or fraud — the matter becomes a contested probate. These cases involve SCPA §1404 examinations of the attesting witnesses, formal objections, and potentially a trial before the Surrogate. Westchester sees its share of will contests, particularly in higher-value estates. Our Contested Probate practice is built for exactly these disputes, on both the proponent and objectant side.
New York Estate Tax in 2026
A common concern for Westchester families, given the county’s property values, is estate tax. New York imposes its own estate tax separate from the federal system. For 2026, the basic exclusion amount is $7,350,000. New York also applies a notorious “cliff”: an estate that exceeds 105% of the exclusion — $7,717,500 — loses the benefit of the exclusion entirely and is taxed on the full estate. Estates near that line require careful planning, and we coordinate filings accordingly. Always confirm current figures with the New York State Department of Taxation and Finance.
Frequently Asked Questions
Where is probate filed for a Westchester County resident?
Probate is filed in the Westchester County Surrogate’s Court in White Plains — the Surrogate’s Court for the county where the decedent was domiciled at death. You can find court information through the New York State Unified Court System.
What documents do I need to start probate?
You need the original signed will (not a copy), a certified death certificate, and the completed Petition for Probate. We also gather the names and addresses of all distributees so we can obtain their waivers or serve citations under SCPA §1403.
How long does Westchester probate take?
An uncontested estate usually takes about three to six months. Delays most often come from missing heirs, unsigned waivers, or objections that trigger the contested process.
What are Letters Testamentary and why do I need them?
Letters Testamentary are the court document, issued under SCPA §1414, that proves the executor’s legal authority. Banks and institutions in Westchester will not release estate assets without them. If you need authority before probate concludes, we can seek Preliminary Letters under SCPA §1412.
Can a small Westchester estate avoid full probate?
Possibly. If personal property is below the statutory limit and real estate is not involved, voluntary administration under SCPA Article 13 offers a faster, simpler alternative. We will tell you honestly whether your estate qualifies.
Speak With a Westchester Probate Attorney
Whether you are an executor ready to file, an heir worried about a will, or a family trying to settle a modest estate, Morgan Legal Group provides the full-service guidance Westchester families rely on.
Book your 30-minute consultation with Russel Morgan, Esq. →
Further reading from Morgan Legal Group: ways to keep an estate out of probate.