How To Find a Will in Public Records in New York Such as Court and Online Databases

If you want to file a will in public records, the first thing you need to know is that copies of wills are not available online, at least not in the state of New York. One can visit the Surrogate’s Court’s records room to research and find the will. Unfortunately, the Surrogate’s Court does not accept email requests for research assistance. For this reason, if you are out-of-state, you can hire a lawyer to get the records that you need.

You used to be able to find anyone’s will in public records by going to the courthouse of the county whee the decedent resided. Of course you would have to know in which county the decedent resided in order to get a copy of the will. But since about 2012, that practice was stopped. Presently, you would not be able to see a copy of a decedent’s will unless you can show the court that you are either related to the person who died or are named in the will.

Since 1787, wills and other documents in New York relating to the estate of a decedent were filed in the Surrogate’s Court of the county where the decedent last resided. However, you would only be able to find the will after the person died and after someone filed the will.

Just because someone made a will does not mean that you will be able to find it. Wills are not registered until the person dies. The possible reason is, a person can change their will at any time.

Online databases can be helpful to find a will in public records

Online databases are helpful in beginning your search. The most extensive free digitized resource available is Family Search (https://www.familysearch.org). You can search historical records by name, life event, location, or collection. For probate records in New York, it’s best to browse all public collections, and then search “New York” in the collection title. Here, you will find New York births, christenings, deaths, burials, marriages, naturalization, passenger arrival, and probate records. Family Search’s probate records span from 1629 to 1971.

Print and Microfilm Collections

The New York Public Library catalog is also an excellent resource for searching New York probate records from 1888 to 1948. Their records are in microfilm, so you can only access it by personally visiting the library to research a document.

If you are looking for something more recent, then you can visit the Surrogate’s Court of the county where the decedent last resided in. If you are unsure of the county where the decedent last resided in, you can request for a death certificate from the Office of Vital Records of the New York government. The death certificate will show the address of the decedent upon death. If the decedent had a will, the probate for the will would be filed in the Surrogate’s Court of the county of decedent’s residence.

If the decedent had no will, there will be no probate, but a petition for letters of administration could have been filed. If the decedent’s estate is less than $50,000 of personal property, it is considered a small estate under voluntary administration. Estates of people dying without a will can be obtained from the no-will file of the Surrogate’s Court. Knowing this will help you narrow your research once you get to the Surrogate’s Court.

Whether the Surrogate’s Court will allow you to view their confidential files would depend on your standing in the case. If you are a potential distributee, beneficiary, or heir, you have the right to view the estate records. Should you be out-of-state and need assistance in how to find a will in public records, you should contact an attorney in the county where the decedent resided.

Standing to Access Estate Records

The Surrogate's Court restricts access to estate records based on relationship to the estate. People who can typically access the records include:

• Named beneficiaries in the will.
• Distributees (people who would inherit by intestacy).
• Creditors with valid claims.
• The fiduciary (executor or administrator) and their counsel.
• Other parties with established legal interests.

People without these connections generally cannot access the records, even after the probate has been filed. This restriction protects the privacy of estate matters while still allowing those with legitimate interests to access information.

The Court File Contents

An estate file in the Surrogate's Court typically contains:

• The petition for probate or administration.
• The will (if any) and any related documents (codicils, prior wills).
• The death certificate.
• Citations and waivers from interested parties.
• Letters testamentary or letters of administration issued by the court.
• Affidavits of due execution and other supporting documents.
• Any objections filed and the court's resolutions of them.
• Accountings filed during administration.
• Final decrees closing the estate.
• All correspondence between the parties and the court.

The complete file can be substantial for active estates. Reviewing it provides a comprehensive picture of the estate's administration.

Finding the Right County

Estate matters are filed in the Surrogate's Court of the county where the decedent resided at death. For New York City decedents, this means one of the five borough Surrogate's Courts:

• New York County (Manhattan). 31 Chambers Street, New York, NY 10007.
• Kings County (Brooklyn). 2 Johnson Street, Brooklyn, NY 11201.
• Queens County. 88-11 Sutphin Boulevard, Jamaica, NY 11435.
• Bronx County. 851 Grand Concourse, Bronx, NY 10451.
• Richmond County (Staten Island). 18 Richmond Terrace, Staten Island, NY 10301.

If you don't know where the decedent lived, the death certificate (available from the Department of Health) will show the address. The address determines the county for probate purposes.

Online Search Tools

While the actual will documents are not available online, several online tools can help locate estate filings:

• NYS Surrogate's Court eFile. Recent filings in some counties appear on the state's e-filing system.
• WebSurrogate. Some Surrogate's Courts provide online docket searches showing filed cases by name.
• Newspaper archives. Probate notices are often published in newspapers, which can establish that an estate was filed.
• Public records aggregators. Various services compile public records including some probate information.
• Genealogy websites. Family Search, Ancestry, and similar sites have probate records, particularly for older estates.

Historical Estate Research

For historical estate research, additional resources are available:

• New York State Archives. Holds historical Surrogate's Court records for many counties.
• New York Public Library's Milstein Division. Has extensive genealogy resources including probate records.
• Local historical societies. Often have indexes of local estate filings.
• Family History Centers. Operated by the Church of Jesus Christ of Latter-day Saints, these centers provide access to extensive genealogical records.
• County clerk offices. Some counties retain older records that have been transferred from Surrogate's Court.

What to Do if You Can't Locate a Will

Sometimes a will is known to have existed but cannot be located. Steps to take:

• Check the decedent's home thoroughly — safe deposit boxes, file cabinets, fireproof safes, desk drawers.
• Contact attorneys who may have drafted the will or might have records.
• Check with the decedent's accountant, financial advisor, or trust officer.
• Check bank safe deposit boxes (this may require court authorization).
• Inquire at family lawyers' offices.
• Check the Surrogate's Court for any pre-death will filings (New York allows wills to be filed with the court during the testator's lifetime).
• Search the decedent's email and electronic records for references to the will.

Probating a Lost Will

If the will cannot be located but its contents are known, it may be possible to probate a lost will. The procedure requires:

• Clear and convincing evidence of the will's due execution.
• Proof of the will's contents (typically through copies, attorney's records, or testimony).
• Evidence that the will was not revoked by the testator.
• Evidence about where the will was last known to be located and how it was lost.
• Overcoming the presumption that a lost will was revoked by the testator.

Lost will proceedings are more difficult than ordinary probates. The proponent must establish each element through clear evidence rather than relying on the document itself.

Using Information from Wills

Beyond establishing inheritance, information from a will can be useful for various purposes:

• Genealogy research. Wills often identify family relationships not documented elsewhere.
• Historical research. Wills provide windows into family life, possessions, and values of past eras.
• Legal claims. Wills may establish title to property or other rights relevant to current disputes.
• Tax investigations. Wills help establish basis and ownership for tax purposes.
• Family discovery. Wills can reveal previously unknown family relationships or bequests.