Wills and Probate Attorneys in Westchester County, New York
A will lets you direct how probate property passes, choose an executor, and nominate guardians for minor children. We help Westchester clients prepare and update wills, and guide executors through probate and estate administration. Meet at our Tarrytown office by appointment, or by video or phone.
Westchester estates often share a few features: a primary home with substantial value, adult children who have moved to other states, a second home in the Berkshires or on the Jersey Shore, and retirement accounts that pass outside the will. Those facts shape how we draft and how we probate. We help New York clients coordinate an estate plan with property and family interests in other states. When another state’s law or local work is involved, we identify the additional legal assistance needed.
Key Takeaways:
- Westchester wills are probated at the Westchester County Surrogate’s Court, 111 Dr. Martin Luther King Jr. Blvd., 19th Floor, White Plains, and the court accepts electronic filing.
- Every legal heir must be notified or sign a waiver, including children living out of state, before the court will admit the will.
- A Westchester home passing under a will is transferred by an executor’s deed recorded with the Westchester County Clerk, and a co-op transfers through the cooperative corporation rather than a deed.
Where Westchester Wills Are Probated
New York files probate in the Surrogate’s Court of the county where the person was domiciled at death. For anyone whose permanent home was in Westchester, that is the Westchester County Surrogate’s Court at 111 Dr. Martin Luther King Jr. Blvd., 19th Floor, White Plains, New York 10601. As of this writing, the court is open weekdays from 9 a.m. to 5 p.m., excluding state holidays, and it participates in the New York State Courts Electronic Filing system, so our office files most petitions, waivers, and supporting papers electronically rather than in person.
Domicile is a fact question. A retiree who spends six months in Florida but keeps a Westchester house, doctors, and voter registration is generally still a Westchester domiciliary. A parent who moved into a child’s home in Connecticut for the last two years may not be. When domicile is unclear, we sort that out before filing, because filing in the wrong court wastes months.
What Happens After the Will Is Filed
The nominated executor, through our office, files the original will, a certified death certificate, a petition describing the estate and listing every legal heir, and the affidavit the witnesses signed when the will was executed. The court’s probate department reviews the papers. If each heir has signed a waiver and consent, and the papers are complete, the court generally admits the will and issues letters testamentary without a hearing. If an heir has not signed, the court issues a citation with a return date, and the executor must have it served. Heirs who live in Texas, California, or overseas can be served there, but the process takes longer, so we usually start by asking each heir to sign a waiver.
After letters issue, the executor collects assets, pays debts, files tax returns, and distributes the estate. That administration phase is described on our Probate and Estate Administration in Westchester County page.
Real Estate in a Westchester Estate
A Westchester house is often the largest item in the estate and the one that raises the most questions. A few points come up often:
- Houses and condominiums. Title generally passes under the will once the executor has letters. If the property is sold, the executor signs an executor’s deed that is recorded with the Westchester County Clerk, whose office is at 110 Dr. Martin Luther King Jr. Blvd. in White Plains. If a child is keeping the house, the executor deeds it to that child and the deed is recorded the same way.
- Co-op apartments. Co-op apartments are owned through shares in a cooperative corporation and a proprietary lease, not a deed. The estate transfers the shares through the co-op’s managing agent, and the building’s board generally must approve any purchaser or successor occupant. A will can leave a co-op to a child, but the child still has to satisfy the board.
- Jointly owned homes. A house owned by spouses as tenants by the entirety, or by two people as joint tenants with right of survivorship, passes to the survivor automatically and is not part of the probate estate. A death certificate and an affidavit are recorded to clear title.
- Second homes. A cottage in Connecticut, a condominium in New Jersey, or a house in Florida is not transferred by the Westchester probate. It requires a proceeding in that state. We identify the local legal assistance needed for proceedings in another state.
Estates that include a valuable home also need to be checked against New York’s estate tax. For deaths in 2026, a New York estate tax return is required when the estate exceeds $7,350,000. An estate that consists of a home, a brokerage account, and retirement savings can approach that number without the family realizing it.
Signing a Will in Westchester
New York requires the person making the will to sign at the end, to declare to the witnesses that the document is a will, and to have at least two witnesses sign within a thirty-day period. Our team coordinates signings at the Tarrytown office with the required witnesses and a notary for the self-proving affidavit. Before your meeting, we explain who must attend and what identification to bring. If you cannot travel, contact us to discuss available signing arrangements.
A Westchester will typically covers the family home, tangible property such as jewelry and vehicles, and the residue of the estate. It should be coordinated with beneficiary designations on retirement accounts and life insurance, which pass outside the will. Parents of minor children should name a guardian and consider a trust to hold the children’s inheritance. Clients who want to minimize probate often pair the will with a living trust and retitle the house into it, since assets in a properly funded trust generally pass outside probate.
When a Westchester Resident Dies Without a Will
Without a will, the estate goes through an administration proceeding in the same White Plains court, and New York’s intestacy law controls. Under current law, a surviving spouse with children receives the first $50,000 plus half of the balance, and the children share the rest. A spouse with no children receives everything. Children with no surviving spouse share equally. For a Westchester homeowner, that often means a house owned jointly by a surviving spouse and adult children who may not agree on whether to sell. A will can avoid that outcome.
Small estates are treated differently. If the person left personal property worth $50,000 or less, not counting certain property set aside for a spouse or minor children, and owned no real estate in their own name, the estate can usually be handled through the court’s voluntary administration procedure instead of a full probate.
Contested Wills in Westchester
Will contests in Westchester are heard by the Surrogate in White Plains. Before a contest is formally filed, New York law allows the objecting party to question the attesting witnesses and the drafting attorney under oath, and these examinations often resolve the matter one way or the other. Common Westchester disputes involve a late-in-life will that favors one child, a second spouse, or a caregiver, and a home that the other children expected to inherit. Our attorneys handle these estate and trust litigation cases for both proponents and objectants.
Out-of-State Executors and Heirs
Many Westchester wills name a child who now lives in another state as executor. A non-resident can serve, and most steps can be handled remotely through our office: waivers and petitions are signed before a local notary, the court accepts electronic filings, and closings can be conducted by mail or by a power of attorney. When no family member is able to serve, the firm’s executor services are available. When the reverse is true, and someone who lived in another state died owning a Westchester property, the out-of-state executor needs ancillary probate in New York, which is also filed in White Plains.
Serving Westchester Families from Tarrytown
We meet with clients at our Tarrytown office in Westchester County, by video conference, and by phone. If you live elsewhere in New York State, see our Wills and Probate in New York page. Contact us to schedule a consultation.
Meet with our team at 120 White Plains Road, Suite 420, Tarrytown, NY 10591, by appointment. Video and phone meetings are also available.
This page is provided for general informational purposes only and does not constitute legal advice. Laws change and figures are adjusted periodically. For advice about your situation, consult a qualified attorney.
Frequently Asked Questions
Where is the Westchester County Surrogate's Court?
The Westchester County Surrogate’s Court is at 111 Dr. Martin Luther King Jr. Blvd., 19th Floor, White Plains, New York 10601. As of this writing, it is open Monday through Friday from 9 a.m. to 5 p.m., excluding state holidays. Many probate papers are filed electronically, and in-person appearances are generally not required for an uncontested matter.
My mother lived in Westchester but died in a hospital in Manhattan. Where is her will probated?
In Westchester. New York probate is filed in the county where the person was domiciled, meaning where she made her permanent home, not where she died. Since her home was in Westchester, the petition goes to the Westchester County Surrogate’s Court in White Plains.
My father spent winters in Florida. Is his estate probated in Westchester or Florida?
It depends on where he was domiciled, which is the place he treated as his permanent home. Factors include where he voted, held a driver’s license, filed resident income tax returns, and spent most of the year. If Westchester was his domicile, probate is filed in White Plains, and any Florida real estate would require a separate Florida proceeding. If Florida was his domicile and he kept a Westchester home, the reverse is true and the Westchester property passes through ancillary probate here.
Do all of my siblings have to sign something before the will is admitted?
Every distributee, meaning each person who would inherit if there were no will, must either sign a waiver and consent or be served with a citation. Siblings who are children of the deceased are distributees even if the will leaves them nothing. A signed, notarized waiver from each one generally lets the court admit the will without a hearing. If one refuses, the court issues a citation with a return date and the matter proceeds from there.
How does a Westchester co-op pass to my heirs under a will?
A co-op is owned through shares in a cooperative corporation and a proprietary lease, so it is personal property rather than real estate. The executor transfers the shares through the co-op’s managing agent after receiving letters testamentary. The building’s board generally must approve whoever will occupy or purchase the apartment, so leaving a co-op to a specific person in a will does not guarantee that person can move in.
Who records the deed when a Westchester house passes under a will?
When an executor sells or transfers a house or condominium, the executor signs an executor’s deed, and the deed and the required transfer tax forms are recorded with the Westchester County Clerk at 110 Dr. Martin Luther King Jr. Blvd. in White Plains. The Clerk maintains the land records for the county.
Can my daughter in California be the executor of my Westchester estate?
Yes. A non-resident of New York can serve as executor, though the court may require a bond unless your will waives it. Much of the work can be done remotely: she signs the petition and other papers before a notary in California, our office files electronically with the Surrogate’s Court in White Plains, and a house sale can close by mail or through a power of attorney. Naming a local co-executor or an alternate is a reasonable precaution.
Does a will signed in New Jersey or Connecticut work if I now live in Westchester?
Generally yes. New York recognizes a will that was validly signed under the law of the state where it was executed. That said, a will drafted for another state may name an executor who cannot conveniently serve here, may not address New York’s estate tax, and may leave real estate provisions that no longer fit. We recommend having it reviewed once you have settled in Westchester.
What if the estate is small and there is no house?
If the person left personal property worth $50,000 or less, not counting certain property set aside for a spouse or minor children, and owned no real estate in their own name, the estate usually qualifies for voluntary administration at the Westchester County Surrogate’s Court. That is a short affidavit procedure rather than a full probate, and it is often used for an estate consisting of a bank account, a car, and household items.
