Most of New York's probate records are maintained by the Surrogate's Court, which was established in each county in 1787. However, the New York State Archives holds two large groups of probate records: wills, inventories, and other documents recorded, filed, or maintained by the colonial Prerogative Court, 1686-1783, and its successor, the State Court of Probates, 1778-1823; and wills from the New York County Surrogate's Court, 1787-1879.
The Archives also has small groups of wills probated by the higher State courts prior to 1847; and out-of-state wills filed in the Secretary of State's office, 1823-1966.
Probate records in the State Archives are a rich source of genealogical and historical data. The records contain information on the property of decedents, the relationships of heirs, controversies over wills, and the settlement of estates. Of special interest for social history are the many wills made by women; wills bequeathing or manumitting slaves; and wills and estate inventories listing personal property such as clothing, furniture, and tools.
This leaflet identifies and discusses the various courts and offices that have filed, recorded, or maintained probate records in New York since 1665; briefly describes the probate records in the State Archives; and lists all known indexes and abstracts of those records. The leaflet concludes with a bibliography and a topical guide to New York probate records available for specific time periods and regions. More information on probate records is available from the New York State Archives.
Probate records in the State Archives may be used at the Archives' research room. Certain record series have been microfilmed by the State Archives, and the film may be borrowed on inter-library loan or purchased.
The State Archives has also purchased from the Genealogical Society of Utah microfilm copies of many early New York probate records. That microfilm is available for use in the Archives research room but is not available for sale or inter-library loan.
Between 1665 and 1686 wills were usually proved (determined to be authentic), and administration granted in a local court of sessions or the mayor's court in New York City, or by the governor. After 1686 the royal governor possessed final jurisdiction in probate matters. The provincial secretary or his deputy served as the governor's delegate or "surrogate" and presided over what was called the Prerogative Court. After 1670 wills and grants of administration were required to be recorded in the secretary's office. A 1692 act exempted from this requirement wills for estates valued at less than £50, and located in counties "remote" from New York City. All wills from New York, Kings, Richmond, Westchester, and (until 1750) Orange County were to be recorded in New York City. Starting in the early eighteenth century a deputy surrogate was appointed in each county to perform routine duties in relation to settling estates.
The Prerogative Court continued to operate in British-occupied New York City, Long Island and Staten Island during the Revolutionary War. In 1778 the State Legislature established a Court of Probates, which assumed most of the colonial governor's powers in probate matters. A 1787 statute established a Surrogate's Court in each county. The Court of Probates' jurisdiction was limited to hearing appeals from the Surrogate's Courts; supervising estates of New York residents who died out of state, and of non- residents who died within the state; and issuing certain types of orders. The Court of Probates was abolished in 1823, and its remaining jurisdiction was given to the Surrogate's Court. Between 1823 and 1847 appeals from the Surrogate's Court went to the Court of Chancery. Since 1847 appeals from orders and decrees of the Surrogate's Court have gone to the Supreme Court.
The pre-1787 records of the former Prerogative Court and the Court of Probates were divided in 1802: original wills and other filed papers relating to the "Southern District" (New York, Kings, Queens, Suffolk, Richmond, and Westchester Counties) and all record books were transferred from Albany to the New York County Surrogate's Court. (The records sent to New York City included series J0038-92 and J0043-92, described in this leaflet.) Other filed papers of the Court of Probates remained in Albany. After the court was abolished, the Albany records passed into custody of the Secretary of State (1823-29), the Court of Chancery (1829-47), and the Court of Appeals (1847+). These records were placed on deposit at the Historical Documents Collection, Queens College, CUNY, in 1973, and transferred to the State Archives in 1982 and 1985.
J0038-82 Probated Wills, 1671-1815 (10 cu. ft.) [11 rolls microfilm]
Contents: Wills (most in English, some in Dutch) and a few letters of administration and property inventories. Most of the testators resided north of Westchester County. Many of the wills are copies of wills in series J0038-92, described below. Arranged by assigned alphanumeric file number. Documents are stable but fragile; use microfilm.
Microfilm: 1) New York State Archives film (includes folder list but no index to testators); 2) Genealogical Society of Utah (GSU) film, 12 reels, available in NYS Library (includes card index to testators).
Preferred index: "Record of Wills, Albany, New York from a Collection of New York State Court Records: Index," available on microfilm in New York State Archives (series A4700-99) and in New York State Library (index is a photocopy of a typescript, derived from card index; indicates the numerous wills not indexed in Fernow).
Other indexes and abstracts:
J0038-92 Probated Wills, 1665-1787 (24.5 cu. ft.; 16 rolls of microfilm)
Contents: Original wills and scattered other documents relating to probate of wills and administration of estates. Most but not all testators resided in New York City, Long Island, Staten Island, or Westchester County. Organized into two sub-series: 1) ca. 1658- 1738; 2) ca. 1739-1787. There are copies of many of these wills in series J0038-82. Wills are arranged by an assigned file number, with separate numbering sequences for the two sub- series. A few wills in this series are missing. Documents are fragile and some are in fragments. Access may be restricted.
Microfilm: Genealogical Society of Utah has filmed, and the State Archives has copies of, sub-series 1, ca. 1665-1738. Sub-series 2, ca. 1739-1787, has not been microfilmed.
Indexes/Abstracts:
J0043-92 Record of Wills and Probates, 1665-1787 (38 vols.; 14 rolls of microfilm)
Contents: Mostly wills and grants of administration; many wills pre-dating 1700 are in Dutch with English translations. Series also contains estate inventories and accounts of administrators (pre-1708); and letters of administration (pre-1743). Volumes also contain some non-probate records, including scattered entries of marriage licenses, ca. 1684- 1706. Condition of volumes is generally good; some paper is brittle.
Microfilm: Filmed by Genealogical Society of Utah. New York State Archives has copies of this film.
Preferred Index:
Ray C. Sawyer, "Index of New York State Wills, 1662-1850, on File at the Office of the Surrogate for New York County," 2 vols. (typescript, 1931-32), available on microfilm in New York State Archives (series A4699-99) and in New York State Library
Other indexes and abstracts:
Related Records: The New York County Surrogate's Court retains transcripts of this series. The transcripts have been filmed by the Genealogical Society of Utah.
J1032-04 Letters of Administration, 1743-1783 (2 rolls microfilm)
Contents: Letters were issued by authority of the royal governor in his capacity as judge of the Prerogative Court of Probates. The letter contains the name and residence of the decedent and designates an administrator.
Microfilm: Filmed by Genealogical Society of Utah. New York State Archives has a copy of the film.
Indexes: Several indexes are found on the microfilm with groups of letters to which the indexes relate.
J1033-04 Bonds of Administrators, 1753-1798 (1 roll microfilm)
Contents: Administrators of estates were required to give bond for the good performance of their duties, including making an inventory of the personal property of the deceased and to render an account to the court. Bonds relate to estates in various parts of New York Province (1753-1776) and New York State (1782-1798).
Microfilm: Filmed by Genealogical Society of Utah. New York State Archives has a copy of the film.
Indexes: Microfilm contains indexes to decedents for bonds dated 1753-1776 only.
J0043-85 Record of Wills and Probates, 1787-1822 (2 vols.; 1 roll of microfilm)
Contents: Wills registered by the Court of Probates, for which the court had granted letters of administration. Most wills were proved before a county surrogate or other judge. Volumes are fragile.
Microfilm: Filmed by Genealogical Society of Utah. New York State Archives has a copy of the film.
Preferred Index:
Berthold Fernow, Calendar of Wills on File and Recorded in the Offices of the Clerk of the Court of Appeals . . . (New York: 1896; repr. Baltimore: 1967, 1991) (cited as "Vol. I" and "II");
Other indexes:
J0039-04 Record of Letters Testamentary, 1793-1801 (1 roll microfilm)
Contents: Letters testamentary were issued by the Court of Probates when the executor designated in a will was unable to perform the duties of the office.
Microfilm: Filmed by Genealogical Society of Utah. New York State Archives has a copy of the film.
Index: Index to testators at front of volume.
J0042-04 List of Wills and Other Documents Delivered by the Judge of the Court of Probates to the Surrogate of the City and County of New York, 1799 (1 roll microfilm)
Contents: Roughly chronological list of wills that were transferred to the New York County Surrogate's Court when the Court of Probates removed its office to Albany in 1799. Each entry gives name of testator, residence, and date of will. Wills relate only to estates located within the First Senatorial District (New York and adjacent counties); the wills date from ca. 1662 to 1786. At the end of the main list are other lists of documents transferred, such as inventories, accounts of administrators, etc.
Microfilm: Filmed by Genealogical Society of Utah. New York State Archives has a copy of the film.
J0039-85 Exemplifications of Wills and Letters of Administration, 1783-1801 (1 vol.)
Contents: Official transcripts of wills, codicils, and letters of administration registered by Court of Probates. Volume is fragile.
Indexes:
J0301-82 Inventories and Accounts, 1666- 1822 (7 cu. ft.) [7 rolls microfilm]
Contents: Inventories of personal property, and accounts of decedents' debts and credits, prepared by administrators and executors. Most of the inventories and accounts relate to estates located north of Westchester County. Most of the accounts date after 1787. Arranged in three sub-series, 1666-1699, 1700-1775, and 1776- 1822, and thereunder alphabetically. Documents are fragile.
Microfilm: 1) Filmed by New York State Archives (includes container list but no index to decedents or administrators); 2) filmed by Genealogical Society of Utah.
Index/Abstract:
Related Records: Estate inventories for New York County and nearby counties for 1725-53 and 1776-86 are in possession of The New-York Historical Society, and are indexed by Kenneth Scott, "Early New York Inventories of Estates," NGSQ, 53 (1965), 138-43.
J1301-04 Estate Inventories, ca. 1730-1753 (1 roll microfilm [part])
Contents: Original inventories of estates; documents were filed in New York City but relate to estates in many parts of the province.
Microfilm: Filmed by Genealogical Society of Utah. New York State Archives has a copy of the film.
Index: Several indexes to groups of inventories are included in the microfilm.
J2301-04 Record of Estate Inventories, 1779-1786 (1 roll microfilm [part])
Contents: Volume contains inventories of estates recorded by the clerk of the Court of Probates.
Microfilm: Filmed by Genealogical Society of Utah. New York State Archives has a copy of the film.
Index: Index at end of volume.
J0033-82 Administration Papers, ca. 1700- 1823 (12.5 cu. ft.) [17 rolls microfilm]
Series contains letters of administration, performance bonds of administrators and executors, renunciations of executorships, accounts of administrators and executors presented to the court, property inventories, appeals from Surrogate's Courts (after 1787), court orders, and other documents relating to administration of estates. Arranged alphabetically by decedent. Documents are stable but fragile; use microfilm.
Microfilm: Filmed by New York State Archives (includes container list but no indexes to decedents or administrators).
Abstract/Index: Kenneth Scott, comp., Genealogical Data from Administration Papers, from the New York State Court of Appeals in Albany (Middletown, NY: 1972).
Related Records: The New York County Surrogate's Court retains records of letters of administration of the Prerogative Court and Court of Probates for the period 1743-1787. These records have been microfilmed by the Genealogical Society of Utah.
J0032-83, -85 Letters of Administration, 1787-1823 (4 vols.; 1 roll microfilm [Vol. 1, 1778-1791, only])
Letters of administration for estates of New York residents who died out-of-state, or non- residents who died in the State. Most of the letters are for estates of persons who died intestate (without a will). Volumes are fragile. (The first volume of this series, commencing 1778,as well as five volumes of administration bonds, 1787-1823, have not been transferred to the Archives.)
Microfilm: Filmed in part by Genealogical Society of Utah. New York State Archives has a copy of the film.
Indexes/Abstract:
J0208-82 Orders and Decrees, 1811-1823 (1 vol.)
Volume contains orders and decrees and summaries of court proceedings concerning administration of estates of out-of-state residents and non-residents dying in New York; and appeals to the Court of Probates from the Surrogate's Courts.
Index: Volume contains index to decedents and type of proceeding.
Between 1786 and 1829 the Supreme Court and the county courts of common pleas shared with the Surrogate's Courts the power to prove and record wills devising real property, and also wills whose witnesses were unable to appear in court. In addition, between 1801 and 1829 the Supreme Court had the exclusive power to prove and record wills devising real property located in several counties. (Wills proved in the courts of common pleas were recorded by the county clerks. The record of wills proved in the Supreme Court at New York City, 1787- 1829, is in custody of the New York County Clerk's Office.) After a will was proved and recorded in the Supreme Court or a court of common pleas, the Surrogate's Court supervised the administration and disposition of the estate.
J0041-85 Record of Wills Proved at Albany, 1799-1829 (1 vol.)
Contents: Wills and probates (proceedings to determine authenticity of will). Volume is fragile. A few related documents concerning proof of wills in Supreme Court, including petitions for proof of will, affidavits of witnesses, and notices to heirs, are found in series J1041-82 Petitions and Affidavits for Proof of Wills (Albany), 1801-28.
Microfilm: Genealogical Society of Utah film, reel 1 (of 12), available in the New York State Library (includes card index to testators).
Indexes:
J2041-04 Record of Wills Proved at New York, 1787-1829 (1 roll microfilm)
Contents: Two volumes of recorded wills and probates (summary of proceedings to determine authenticity of will). Original record is in the New York County Clerk's Office.
Microfilm: Filmed by Genealogical Society of Utah. New York State Archives has a copy of the film.
Indexes: Index to testators in each volume.
J0020-82 Record of Wills Proved at Utica, 1818-29 (1 vol.)
Contents: Wills and probates (summary of proceedings to determine authenticity of will). Volume is fragile.
Microfilm: Genealogical Society of Utah film, roll 1 (of 12), available at the New York State Library (includes card index to testators).
Indexes:
Between 1830 and 1847 the Court of Chancery shared with the Surrogate's Court the power to take proof of wills when the testator or the witnesses resided out of state. After probate in chancery, a Surrogate's Court supervised the administration and disposition of the estate.
Until 1802 the Court of Chancery had the exclusive power to appoint legal guardians for minor heirs, and shared this power with the Surrogate's Court between 1802 and 1847. Information on guardianships has been abstracted by Kenneth Scott, Records of the Chancery Court, Province and State of New York, 1691-1815 (New York: 1971). (Scott abstracted data from Chancery orders and minutes in custody of the New York County Clerk's Office and the New York State Archives, series J0090 Orders in Chancery, and J0059 Chancery Minutes.)
Chancery minute books and filed decrees and papers contain much information on guardianships and on appeals from the Surrogate's Courts, through 1847. Unpublished descriptions and finding aids are available from the State Archives.
J0040-82, -85 Record of Foreign and Out-of-State Wills Proved, 1830-48 (3 vols.)
Contents: Contains record of wills and proceedings in proof of wills. Some original wills, as well as documents relating to these proceedings (e.g. depositions) are found in series J0057 In Re Papers. Volumes are fragile.
Microfilm: Genealogical Society of Utah film, found on reels 1-2 (of 12), available in NYS Library (includes card index to testators).
Indexes: 1) Index to testators at front of each volume; 2) William A. D. Eardeley, "Index to Wills of New York State from 1653 to 1815" (typescript, 1941), pp. 9-10.
Between 1823 and 1966, in cases where an out- of-state resident owned property in New York, the Surrogate's Court was required to send a certified copy of the will or letters of administration to be filed in the Secretary of State's Office.
B0081 Letters of Administration and Copies of Wills of Out-of-State Residents, 1823-1966 (51.2 cu. ft.)
Contents: Certified copies of wills and letters of administration for estates of out-of-state residents owning property in New York, and a small amount of correspondence. Arranged by file number. Some documents are fragile.
Index: None; retrieval is possible only if file number or exact date of filing is supplied.
19802-78, -97 Article 10 Estate Tax Files, 1885-1990 (89 cu. ft.)
Contents: The Department of Taxation and Finance administers provisions of the Tax Law (Art. 10, 10-C, and 26) that relate to taxation of estates of decedents who established life trusts to dispose of their estates. These files contain copies of wills, real property appraisals, personal property inventories, documents relating to the establishment and management of trusts, court orders, tax payment receipts, correspondence, etc. The files are arranged by status (active, closed, remainder), and therein alphabetically by name of decedent. Generally the files pertain to the estates of individuals who were wealthy; most resided in New York City or vicinity.
Index: No index; files are arranged alphabetically by name of decedent under category of file.
The Surrogate's Court in each county generally has records dating back to the establishment of the county or 1787, whichever was later. Record keeping was systematized by an 1830 statute. Surrogate's Courts maintain records of wills, letters testamentary, letters of administration, orders and decrees, and appointments of guardians; and filed papers, including original wills, petitions for probate (gives date of death and lists next of kin), performance bonds, property inventories (seldom found after ca. 1900), administrator's or executor's accountings, etc. Surrogate's Courts create comprehensive indexes to records and files.
In recent decades many courts have ceased recording documents in books and substituted microfilm recording. Some courts have disposed of old property inventories, which have no continuing legal value. Most Surrogate's Court records are retained permanently because they may document title to real property or the legal status of individuals. Surrogate's Court records statewide occupy over 200,000 cubic feet, with over half a million record retrievals yearly. The court is authorized to charge substantial fees for records searches conducted by court staff.
John Arneson, "The Legal Angle in the Surrogate's Office," Tree Talks, 3 (1963), 7-9, 74-76. [Helpful guide to records of Surrogate's Courts.]
Rosalie F. Bailey, Guide to Genealogical and Biographical Sources for New York City (Manhattan), 1783-1898 (New York: 1954). [Still a useful guide to probate and other records, though some of the custodians have changed.]
Arlene H. Eakle and L. Ray Gunn, Descriptive Inventory of the New York Collection (Finding Aids to the Microfilmed Manuscript Collection of the Genealogical Society of Utah, Number 4) (Salt Lake City: 1980). [Lists Surrogate's Court and other probate records microfilmed by the Society; court of origin is sometimes not clearly identified.]
Estelle M. Guzik, ed., Genealogical Resources in New York, rev. ed. (New York: 2003). [Helpful guide to records in custody of the Surrogate's Courts in the five counties within New York City.]
Leo Hershkowitz, ed., Wills of Early New York Jews (1704-1799) (New York: 1967).
Herbert A. Johnson, "The Prerogative Court of New York, 1686-1776," American Journal of Legal History, 17 (1973), 95-144. [Detailed historical overview of court's organization, jurisdiction, and procedure.]
Roger D. Joslyn, "New York [Probate Records]," Ancestry's Red Book: American State, County & Town Sources, ed. Alice Eichholz, rev. ed. (Salt Lake City: 1992), pp. 526-27.
Harry Macy, Jr., "New York Probate Records before 1787," The NYG&B Newsletter, 2:2 (Spring 1991), 11-15; "Library Resources for Research in New York Probate Records since 1787," same, 3:1 (Spring 1992) , 3-7. [Overview of courts having probate jurisdiction and lists of microfilm, indexes, and abstracts available at the library of the New York Genealogical and Biographical Society in New York City.]
__________. "Treasure in the Surrogate's Court," The NYG&B Newsletter, 14:4 (Fall 2003), 49-51. [Expert genealogist discusses contents of Surrogate's Court case files, particularly petitions for probate, bills and receipts, and accountings.]
David E. Narrett, Inheritance and Family Life in Colonial New York City (Ithaca: 1992). [Comprehensive study of inheritance law and practices, based largely on probate records now in the State Archives.]
Franklin C. Setaro, "The Surrogate's Court of New York: Its Historical Antecedents," New York Law Forum, 2 (1956), 283-304. [Historical study of the court's evolution prior to 1847.]
Royden W. Vosburgh, "Surrogates' Courts and Records in the Colony and State of New York, 1664-1847," Quarterly Journal of the New York State Historical Association, 3 (1922), 105-116.
This topical guide serves to direct researchers to probate documents from specific time periods and (in some cases) from various regions of New York State. Each category of documents (e.g. "Wills") is broken down into one or more sets of geographical and chronological parameters. (These parameters are derived from the complex jurisdictional and organizational history of probate courts in New York, summarized in this leaflet.) Each set of parameters is followed by New York State Archives record series numbers and page numbers in this leaflet, and, where appropriate, by references to major custodians of related records.
This is a simplified guide to record series and custodians, and is meant for quick reference. The researcher should carefully read the brief descriptions of record series in this leaflet. Fuller descriptions are available through our online finding aid search.
Wills
New York City (Manhattan), 1665-1879
J0038-92, J0043-92, J1038-92, J1043-92, J2043-92
New York Colony (Long Island, Staten Island, Westchester), 1665-1783
J0038-92, J0043-92, J2043-92; wills for small estates may be recorded in county clerk's offices
New York Colony (north of Westchester), 1665-1776
J0038-82, J0043-92, J2043-92; wills for small estates may be recorded in county clerk's offices
New York State, 1778-1787
J0038-82, J0038-92, J0043-92, J0039-85
New York State, 1787+
Surrogate's Court in each county
Wills devising real estate, 1786-1829
J1043-92, J0041-82, J2041-04, J0020-82; also recorded in Surrogate's Court and in county clerks' offices
Out-of-state wills, 1787-1966
J0043-85, J0039-85, J1043-92, J0040-82, -85, B0081-48, -78, -87, -92
Estate Inventories
New York Colony (New York City, Long Island, Westchester), 1665-1708
J0043-92; New-York Historical Society (New York City)
New York Colony (north of Westchester), 1666-1776
New York Colony, ca. 1730-1753
New York State, 1779-1786
New York State (north of Westchester), 1778-1823
J0301-82; New York City Municipal Archives
New York State, 1787-1964 (seldom filed after ca. 1900; statutory provision repealed in 1964 )
19802-78, -97; also Surrogate's Court in each county; local historical society in a few counties (some courts have discarded old estate inventories)
Administration Papers
New York Colony, 1665-1776
J0043-92, J1032-04, J1033-04, J0033-82; New York County Surrogate's Court
New York State, 1778-1823
J0039-85, J0039-04, J0033-82, J0032-83, -85
New York State, 1787+
Surrogate's Court in each county