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Probate Record Pathfinder

Probate is the court process following a person's death that includes

  • proving the authenticity of the deceased person's will
  • appointing someone to handle the deceased person's affairs
  • identifying and inventorying the deceased person's property, in some cases
  • paying debts and taxes
  • identifying and notifying heirs
  • distributing the deceased person's property according to the will or, if there is no will, according to law

Probate records include wills, estate inventories, letters of administration, and other documents relating to the administration and settlement of deceased persons’ estates. These records contain information on the property of decedents, the identity and relationships of heirs, and legal actions taken to prove wills and settle estates.

This pathfinder will direct you to the best sources for probate records created in New York from the British colonial period to the present. Since 1787, wills and other papers relating to the estates of deceased persons have been filed in and retained by the Surrogate's Court in each county of the state. The New York State Archives holds probate records created or compiled by predecessor courts that had jurisdiction over probate matters. For that reason, this pathfinder is divided into two chronological sections: before 1787 and after 1787. Knowing approximately when the subject of your research died is the first step in locating records. For a list of resources that may assist you in determining death dates, visit the New York State Library’s Genealogical Resources. Also, see the State Archives’ guide to Genealogy Resources for a listing of colonial and state government records that may be helpful.

When was the will probated and filed...

For further information regarding probate records in New York State and a complete description of available records and indexes, see New York State Archives Information Leaflet # 3, Probate Records in the New York State Archives. A single copy of the leaflet is available at no charge via U.S. Mail. If you have specific questions, see Probate Research Assistance Provided by the New York State Archives.