New York Probate Records Since 1787 | New York Genealogical & Biographical Society

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This article is a sequel to New York Probate Records Before 1787. As explained in that article, 1787 is the logical point to divide a study of New York probate records, as a law of that year largely replaced New York's colonial probate system with a new court structure at the county level that is still in effect. For genealogists, probate research after 1787 generally follows a different pattern than that pursued prior to that date.

The County Surrogates’ Courts

As of 1 May 1787 a Surrogate was appointed for each county in the State, to prove wills or issue letters of administration, and carry out the settlement of estates, powers previously held either in part or in whole (depending on the county) by the State Court of Probates. Some probate authority was still retained by other courts, as described below. The jurisdiction of the county Surrogate's Court (also called the Surrogate's Office) was expanded by subsequent legislation, the most significant addition for the genealogist being the power to appoint guardians, beginning in 1802. The court's jurisdiction was later extended to include adoptions, but New York adoption records remain sealed.

There are numerous “how to” books for genealogists that include discussions of probate records and procedures in the United States, and the researcher should consult one or more such books for an introduction to the subject. However, such accounts may not adequately address variations that exist from one state to another. Anyone doing probate research on a New York State family should become familiar with the state’s court structure, laws and legal terminology relating to probate, which may differ from what is found in other states (more on this below).

Access to Surrogate’s Court Records

For most of us, it may not be convenient to visit the Surrogates' Courts, and when visiting one for the first time we may find that the records are not always easy to access and the staff may not be able to provide much assistance. Genealogists who write to the courts requesting searches or copies may be shocked at the size of the fees charged, even for checking an index. These fee levels are authorized by the State, and cannot be avoided if work is to be done by court personnel. It may be less expensive to hire a local genealogist or record searcher to do the same job, and the results may be more reliable.

There is a much less expensive alternative if the Genealogical Society of Utah has filmed the desired records, making them available through the Family History Library and its branches (Family History Centers). The FHL currently holds microfilms of Surrogate's Court records for all of New York's 62 counties except Bronx, Nassau, Suffolk and Sullivan. In most cases indexes and books (libers) of wills, letters of administration, and guardianships have been filmed into the early 20th century. Probate files (or "packets") have been filmed for about one-third of the counties. As indicated below, films of the records of other courts covered in this article are also available through the FHL, as are films of many of the abstracts and indexes that genealogists and others have compiled from the records. To identify FHL holdings, in their catalog do a place search for a New York county and then choose Probate Records or Guardianship.

Copies of original probate records are among the New York resources which will gradually be made available on the Family Search website (in August 2011 they have posted some limited probate records of three counties — Kings, Orange, and Queens). Digitized versions of some of the published abstracts or indexes can be found at other websites. Journals that have published abstracts may now available on CDs or online. At this writing, however, research in the original records must still be done largely at the courts or on microfilm.

As shown below, the NYG&B Collection at the New York Public Library has microfilm (copies of the FHL films) of original probate records and indexes from the Surrogate’s Courts of many counties, at least to the middle of the 19th century, as well as films of records of the other courts that handled probate matters after 1787.

Some Tips on Using Surrogate’s Court Records

Until 1829, there was some inconsistency in the way the Surrogates kept their records. While the largest counties might use a separate book (liber) to record each type of document, a small county would copy all types of records into one book. Loose papers from this period seem to have been kept on a rather haphazard basis. An attempt to standardize record-keeping in the Surrogates' Courts throughout the State was made under the revised state statutes of 1829. This explains why many counties have new record series beginning in that year or 1830, including files or packets containing all the papers associated with the probate or administration of an estate, starting with the petition naming heirs-at-law, an essential resource for New York probate research from that time forward.

Despite a general consistency in record-keeping since 1829, there can still be differences from one county to another. For example, some counties have created consolidated or general indexes combining wills, administrations, and guardianships, while others maintain a separate index for each of those groups of records. Another thing to keep in mind is that films of libers may have been made from later copies, rather than the original books. Sometimes these copies are handwritten, sometimes typewritten. Such copies should be used with the usual caveat.

The following articles focus on New York:

John Arneson, "The Legal Angle in the Surrogate's Office," Tree Talks [journal of the Central New York Genealogical Society] 3 (March 1963): 7-9. Arneson, a Syracuse attorney, describes the various books and indexes which each Surrogate was required to keep under the 1829 statutes, and the papers likely to be found in the probate files that the same statutes required Surrogates to maintain.

Harry Macy, Jr., “Treasure in the Surrogate’s Court,” The NYG&B Newsletter 14:49-51 (Fall 2003), consides the value of the probate files or packets, with a variety of examples.

Glenn R. Atwell, “Estate Records,” Western New York Genealogical Society Journal, 1 (December 1974): 114-19. Atwell begins with an overview of estate records, explaining such things as the “wills of personal estate” which could be made in the 19th century by women (and others) who owned no real estate, and the possibility that estate proceedings are sometimes found long after the person’s death, because property had passed to the heirs without probate and now the heirs wanted to sell that property. Atwell also reviews the records kept by the Surrogate, the procedures followed in settling an estate, and the use of the court indexes.

Earl T. Horohoe, “Probate Law and Procedure,” Western New York Genealogical Society Journal, 3 (December 1978): 135-38. Horohoe focuses on intestacy, explaining that the persons who inherit when there is no will have been twice redefined in New York law, in 1930 and 1964. The heirs-at-law are defined for three periods: 1) before the 1930 law (when there were separate rules for real and personal property); 2) between 1930 and 1964; and 3) since 1964 (at least to 1978).

John Arneson, "The Legal Angle When You Fail in the Surrogate's Office," Tree Talks 3 (September 1963): 74-76. In this article Mr. Arneson points out that one does not always find record of a decedent in the Surrogate’s Court. He discusses various types of deeds which may have been used to transfer property to heirs in order to avoid probate, and explains how such deeds can be tracked down.

Using Abstracts

We are very fortunate that abstracts exist for at least some of the probate records of almost all of the Surrogates’ courts. Genealogists working on New York families must be forever grateful to their colleagues, past and present, who have devoted so many hours to this tedious work. Some may ask, why bother with abstracts when films of the records themselves are now so readily available? One has to remember that the court indexes only give names of decedents (and sometimes administrators, guardians or executors). This information may not be sufficient to tell you that the record pertains to your family, especially if you are dealing with a common name. An abstract that names everyone mentioned in the will, with relationships, should quickly clarify this. Also, using the every-name indexes to the abstracts you may learn that an ancestor who did not leave a will was mentioned in the will of a relative, or that the person whose will you are seeking was also named in other wills. These additional references may reveal unsuspected relationships and other valuable data such as a wife's maiden name. When abstracts are available, be thankful, and make good use of them!

Most of the abstracts compiled prior to 1992 are listed in the original version of this paper, found in The NYG&B Newsletter 3:3–7 (Spring 1992). Consult library catalogs and periodicals indexes for additional pre-1992 abstracts and those created since then.

Probate Records of Other Courts Since 1787

Under the 1787 statute that created the Surrogates' Courts, the existing state Court of Probates retained jurisdiction when New Yorkers died out of state, non-residents died in the State, residents died leaving real property in more than one county, and in some other cases; by later legislation it began to share much of this authority with the Surrogates. Until it was abolished in 1823, the Court of Probates also had appellate jurisdiction over the Surrogates.

The Court of Chancery, with separate sessions at Albany and New York City, had the power (dating from the colonial period) to appoint guardians, which beginning in 1802 it shared with the Surrogates. It could also prove wills in some cases. After the Court of Probates was abolished in 1823, this court had appellate jurisdiction over the Surrogates until it too was abolished in 1847.

A law of 1786, in effect until 1829, provided that any will devising real estate could also be proved in the Court of Common Pleas in the county where the property was located; in New York City and County the Mayor's Court had this power. If the property was in more than one county, the will could be proved in the (old) Supreme Court, which sat at Albany, Utica, Geneva, and New York City. This explains the separate Common Pleas will books which exist for some counties, as well as the probate records of the Supreme Court for the period. Both courts could also, like the Court of Probates, compel executors and administrators (appointed by the Surrogates) to submit their accounts for review.

For further detail on the changing jurisdictions of all these courts see Royden Woodward Vosburgh, "Surrogate's Courts and Records in the Colony and State of New York, 1664-1847," The Quarterly Journal of the New York Historical Association 3 (1922):105-16; Rosalie Fellows Bailey, Guide to Genealogical and Biographical Sources for New York City (Manhattan) 1783-1898 (1954, reprint 1998), pp. 3-7; and “Duely & Constantly Kept,” A History of the New York Supreme Court 1691-1847 and an Inventory of Its Records (Albany, Utica and Geneva Offices) 1797-1847 (Albany, 1991). For the current state court structure see this chart.

Film copies, indexes and abstracts of probate records of these other courts are found in the NYG&B Collection and FHL as listed below (except for the Court of Common Pleas records, for which check the separate list of Surrogate's Court holdings in the NYG&B Collection, and the FHL catalog). Original records of these courts, unless otherwise indicated, are at the State Archives, Albany; see the Archives publication Probate Records in the New York State Archives (Albany, 1997), available online.

In these listings, “Eardeley” refers to William A. D. Eardeley, "Index to Wills of New York State From 1653 to 1815," typescript (1941) [NYPL call no. NYGB AZ Loc 09-71, not in FHL catalog]. “Fernow” refers to Berthold Fernow, Calendar of Wills on File and Recorded in the Offices of the Clerk of the Court of Appeals, of the County Clerk at Albany, and of the Secretary of State, 1626-1836 (Albany, 1896).

[New York State] Court of Probates

Wills & Probates libers 1 & 2, 1787-1822, full copy on microfilm [NYPL *ZI-1320 reel 2, incorrectly attributed to Court of Appeals; FHL #17416]; indexed by Eardeley pp. 72-83; abstracted by Fernow as Vols. I-II.

Exemplifications 1793-1801, full copy on microfilm [NYPL *ZI-1320 reel 1, see above; another filming NYPL *R-USLHG *ZI-1321, item 2; FHL #17417]; indexed by Eardeley pp. 83-85; abstracted by Fernow as Vol. III.

Letters of Administration:

Liber 1 1778-83 and 1791-97—original in New York County Surrogate’s Court, Manhattan; on microfilm NYPL *R-USLHG *ZI-927, “Letters of Administration: [New York County],” reel 1, and FHL #17412. Copies of most if not all of these letters and related bonds and other papers abstracted in Kenneth Scott, Genealogical Data from Administration Papers (1972). Not otherwise indexed except for the index in the liber.

Libers 2-5—1787-1815: at State Archives, libers 2 & 3 1787-99 on NYPL microfilm *R-USLHG *ZI-921, “Probate Records 1743-1910, New York County,” reel 5, FHL #478748. Indexed by Eardeley pp. 88-104, libers 2 & 3 abstracted in Scott, Genealogical Data from N.Y. Administration Bonds 1753-1799 (1969).

[Note that between Liber 1 (1778-83) and Liber 2 (1787-) there were two other libers of Letters of Administration, now called Libers 2-3 (1784-87) of the New York County Surrogate.]

Administration Bonds 1787-1823: Books 1-4, 1787-99, on NYPL microfilm *R-USLHG *ZI-921, “Probate Records 1743-1910, New York County,” reel 5, FHL #478748; 1-2 abstracted in Scott, Genealogical Data from N.Y. Administration Bonds 1753-1799 (1969); 3-4 abstracted in Scott, Genealogical Data from Further N.Y. Administration Bonds 1791-1798 (1971).

Inventories from this and other courts to 1825 indexed by Scott in National Genealogical Society Quarterly 54:246-59 and abstracted in Scott, Genealogical Data from Inventories of N.Y. Estates 1666-1825 (1970).

(State Archives has additional Court of Probates records not in the NYG&B Collection).

[New York State] Court of Chancery

Wills of non-residents recorded at Albany, libers 1-3 1830-1847, full copy on microfilm [NYPL *ZI-1353, “Wills of Real Estate (New York), 1830-1847”; FHL #17415]; indexed by Eardeley pp. 9-10; no abstracts.

Guardianships, abstracted by Scott, Records of the Chancery Court Province and State of N.Y., Guardianships, 1691-1815 (1971). See further details in New York Probate Records Before 1787.

(Original Chancery Court records are divided between the State Archives, Albany, and the N.Y. County Clerk's Division of Old Records, Manhattan.)

[New York State] 'Old' Supreme Court (Sessions at Albany, Utica, New York City)

Albany Wills 1 1799-1829, full copy on microfilm [NYPL *ZI-1340, “Record of Wills (proved at Albany County [sic]”; FHL #17414]; indexed by Eardeley pp. 7-8, duplicated p. 86; abstracted by Fernow as Vol. IV (see his p. xiv).

Utica Wills 1 1818-29, copy on microfilm [NYPL *ZI-1341, “Record of Wills (proved at Utica)”; FHL #17413]; indexed by Eardeley p. 6; abstracted by Fernow as Vol. V.

New York [City] Wills 1787-1829, 1847-1927 [1829-47 missing], copy on microfilm [NYPL *R-USLHG *ZI-1339, “Record of Wills (proved at New York City),” 2 reels; FHL #501136-37]; indexes in libers on film; abstracted by Ray C. Sawyer, " Abstract of Wills Probated in the Common Pleas Court (also known as Mayor's Court) 1817-1892, Supreme Court of Judicature 1821[sic, 1787]-1829 . . . 1847-1870, All of New York County," typescript (1948).

(Originals of 1 and 2, with other documents, are at the State Archives; 3 at N.Y. County Clerk's Division of Old Records.)

Additional Resources

For additional information on the above records and those of each of the county surrogates, see Gordon L. Remington, FASG, New York State Probate Records, A Genealogist’s Guide to Testate and Intestate Records (Boston: NEHGS, 2002, revised edition 2011). Remington’s coverage of the holdings of the Family History Library is especially useful.

More detailed information on access to the Surrogates’ courts of the five counties of New York City will be found in Genealogical Resources in New York, revised and edited by Estelle M. Guzik (New York: Jewish Genealogical Society, 2003).

Sampubco, a company owned and operated by W. David Samuelsen of Salt Lake City, offers free online access to indexes to wills and letters of administration for most New York counties (to varying cutoff dates, which continue to be extended). Once an index entry is found, a copy of the will or administration can be obtained for a fee. Indexes to guardianships and probate files have also been posted for a small number of counties.

William A. Eardeley, mentioned above, compiled abstracts of the probate records of many New York counties for the years 1787-1835. His original manuscript at the Brooklyn Historical Society is now available as a database on the website of the New England Historic Genealogical Society.

Surrogate's Court Records Since 1787: NYG&B Collection at NYPL

Following is a list by county of microfilm copies of original Surrogate’s records and indexes (including transcribed indexes in print or manuscript), to be found in the NYG&B Collection at the New York Public Library (NYPL), Fifth Avenue and 42nd Street, Manhattan. For call numbers check the NYPL catalog.

As explained above, these films are copies of those at the Family History Library (FHL) and can be found in their catalog under the county name and either Probate Records or Guardianship. The FHL holdings generally extend beyond the cutoff dates of the NYG&B Collection, and they include counties not listed below.

Most of the record types should be familiar to genealogists. The Dower books are records of “Admeasurement of Dower” which determined that portion of a man’s real estate that should be given to his widow as her dower right. Personal Wills were made when the testator had no real estate, only personal property. Both categories are found only for a few years in the 19th century. Letters Testamentary appoint executors and authorize them to carry out their duties.

Holdings By County

Albany Wills 1787-1802; Letters of Administration 1794-1815. Indexes: Surrogate’s (all records) 1787-1959 (also book index to 1895, published 1895).

Allegany Indexes: Wills 1807-1952.

Bronx (County & Borough) Not filmed, but see New York County and Westchester County for records before Bronx County was formed in 1914.

Broome Indexes: “Decedents’ Estates” 1806-1951.

Cattaraugus Indexes: Surrogate’s (all records) 1800-1956.

Cayuga Indexes: Surrogate’s (all records) 1799-1952.

Chautauqua Indexes: Surrogate’s (all records) 1811-1962; Inventories 1811-57, Tree Talks vol. 29f.

Chenango Indexes: Wills 1797-1875 (MS., Gertrude A. Barber, 1935-51).

Delaware Indexes: Wills 1797-1885 (MS., Gertrude A. Barber, 1934).

Dutchess Wills 1751-1806; Wills Court of Common Pleas 1790-1838; Letters Testamentary/Letters of Administration 1787-1807; Letters of Guardianship 1802-1868; Dower 1800-1852. Indexes: Surrogate’s (all records) 1751-1934.

Erie Indexes: Surrogate’s (all records) 1800-1929. See Niagara County, below.

Essex Indexes: Wills/Letters of Administration 1799-1938.

Genesee Indexes: Surrogate’s (all records) 1805-1920.

Greene Wills 1800-1856; Letters of Administration 1804-1874; Letters of Guardianship 1816-1872, 1890-1912. Indexes: Surrogate’s (all records) 1800-1930; Wills 1803-1875 (MS., Marjorie S. Dows & Virginia Moscrip, 1973).

Jefferson Indexes: Surrogate’s (all records) 1830-1900; Letters of Guardianship 1830-1900.

Kings (Borough of Brooklyn since 1898) Wills 1787-1880; Letters of Administration 1737-1852. Indexes: Wills 1787-1923; Letters of Administration 1787-1923; Wills/Letters of Administration/Letters of Guardianship 1650-1850 (Milton H. Thomas & Charles Shepard, pub. 1926); Wills 1850-90 (MS., Gertrude A. Barber, 1949).

Lewis Indexes: Surrogate’s (all records) 1805-1940.

Montgomery Wills 1787-1810; Letters of Administration 1788-1821. Indexes: Surrogate’s (all records) 1787-1905.

Nassau Not filmed, but see Queens County for probate records before Nassau was formed in 1899.

New York (Borough of Manhattan since 1898) Wills 1787-1880; Mayor's Court (Common Pleas Court) Wills 1805-1824; original Wills #4576-4764 1815-1829; Proceedings in Sale of Real Estate 1800-1812; Probate Proceedings 1830-1850; Letters of Administration 1787 1866; Petitions for Letters of Administration 1803-1876; Letters of Administration Bonds 1789-1798; Letters of Guardianship Bonds 1802-1829.

Indexes: Wills 1787-1923; Letters of Administration 1787-1910; Letters of Guardianship 1808-1910; Wills [1662]-1875 (MS., Ray C. Sawyer, 1930-50); original Wills [1776]-1829 (National Genealogical Society Quarterly 55:119-45); Letters of Administration [1743]-1875 (MS., Gertrude A. Barber, 1950-51).

Niagara Indexes: Probate files 1826-80 (Western New York Genealogical Society Journal 6:6f.). Note earliest Will and Letters of Administration books are in Erie County Surrogate’s Court, Buffalo (abstracted Tree Talks vols. 3-6).

Oneida Indexes: Wills 1798-1909.

Orange Wills 1787-1851; Letters of Administration 1787-1815. Indexes: Surrogate’s (all records) 1787-1941.

Oswego Indexes: Surrogate’s (all records) 1846-1971.

Otsego Indexes: Wills 1792-1887; Wills 1792-1875 (MS., Gertrude A. Barber, 1934).

Putnam For records before county was formed in 1812, see Dutchess County. Index: 1812-1816 [to Liber A of Wills, which is missing] (MS., Elizabeth J. MacCormick,1940).

Queens (County & Borough) Wills 1787-1852; Wills of Personal Estate 1835-1881; Letters of Administration 1792-1869; Special Letters of Administration 1838-1870; Probate Proceedings 1830-1865; Accounts 1800-1880. Indexes: Wills 1787-1922; Letters of Administration 1787-1899; Probate Proceedings 1787-1899; Accounts 1787-1899; Letters of Guardianship 1803-1920; Wills 1787-1906 & Letters of Administration 1787-1908 (MS. [on microfilm], John E. Wilson, 1937-38).

Rensselaer “Probate Records” 1802-1854. Indexes: “Probate” 1794-1916.

Richmond (since 1898 Borough of Richmond, now Staten Island) Wills 1787-1829; full transcript Wills A 1787-96 (E. Dale Hastin Smith, vol. l, pub. 1991). Indexes: Wills 1787-1959, Letters of Administration 1787-1866, Letters of Guardianship 1802-1866 (court indexes); Wills 1787-1863, Letters of Administration 1787-1866, Letters of Guardianship 1802-1866 (MS., Frances S. Fast, 1941).

Rockland Wills 1798-1850; Probate Records Proved 1835-1851; Letters of Administration 1798-1859, 1800-1850; Decrees 1830-1885. Indexes: Surrogate’s (all records) 1798-1966; Wills 1786-1845 (MS., Gertrude A. Barber, Marjorie S. Dows & Virginia Moscrip,1973).

St. Lawrence Indexes: Wills & Proceedings 1830-1955; Letters of Administration 1800-1955.

Saratoga Indexes: Wills 1799-1893; Probate 1878-1906.

Schoharie Indexes: Probate 1795-1902.

Steuben Indexes: Testamentary 1796-1936; Letters of Administration 1796-1936; Letters of Guardianship 1796-1909.

Sullivan Not filmed. Indexes: Wills 1876-1909 (MS., Gertrude A. Barber, 1949); Letters of Administration 1811-1909 [surnames A-K only] (MS., Gertrude A. Barber, 1949). NOTE: will libers 1-7, for years before 1876, destroyed by fire 10 August 1909.

Ulster Wills 1787-1814; Letters Testamentary/Letters of Administration 1787-1816; Final Settlements 1830-1860; Letters of Guardianship 1823-1851. Indexes: Wills 1787-1916; Filing Boxes 1707-1921; Letters of Administration 1787-1914; General Index (includes Letters of Guardianship) 1895-1988.

Washington Wills 1788-1811; Letters of Administration 1787-1825. Indexes: Wills 1788-1896, Letters of Administration 1788-1896 (court indexes); Wills 1825-1875 (MS., Gertrude A. Barber, 1937).

Wayne Indexes: Wills 1866-1874 (MS., Harriet Wiles, 1939).

Westchester Wills 1787-1850; Estate files 1775-1850; Letters of Administration 1777-1818; Letters of Guardianship 1802-1867. Indexes: Probate 1787-1983.

by Harry Macy Jr., FASG, FGBS

Originally published in The NYG&B Newsletter, Spring 1992

Updated August 2011