Probate is the legal process by which a will is proved valid or invalid, and it enables assets to be distributed to creditors and heirs. The process is overseen by a probate court, typically in the state in which the decedent had domicile or permanent residence at the time of death. If the decedent died intestate - without leaving a will - the court distributes the decedent's property according to the state’s laws.
The probate procedure requires the executor of the will (estate) to present the will to the appropriate court. The executor is the person who collects the decedent's assets, liquidates liabilities, pays necessary taxes, and distributes property to heirs. If there is no named executor, the court appoints one.
*Additional probate resources are listed in Major Death and Cemetery Resources section of this guide.
The probate file contents can provide useful information for genealogy research. Typically, the file contains:
Probate is handled independently by each state, and it is necessary to determine the county of residence of the decedent, since that is where the records may be found. The National Association of Counties’ website is useful in determining the county if you know the name of the city where the deceased was domiciled or owned property. Once you have determined the county, a search of the county name followed by the words “probate court” should take you to the appropriate website.
In New York State the probate court is named the Surrogate Court, and it is possible to view a listing of county locations - outside New York City - with addresses and phone numbers:
Information for New York City’s five boroughs can be found by clicking here.