How to Search Surrogate Court Information
Trusts, wills and other legal estate-related executions are usually filed with the local surrogate court (also sometimes known as a probate court). During probate -- that is, the period between a person dying and their estate being distributed to their heirs and beneficiaries -- these documents are always filed and made part of the court's official record.If you lose your copy of a decedent's will or trust, and you know the document was filed with the surrogate court, you can obtain a verified copy of the original by searching the court's records.
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Things You'll Need
- Decedent's personal information
- Decedent's Social Security number
- Request form
- Proof of relationship to decedent
- Matter name (if applicable)
- Administrative fees (if applicable)
Instructions
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Determine the court with which the person who died ("the decedent") filed his records. In most cases, this will be the surrogate court located in the county where the decedent was living at the time of his passing. If the decedent moved just prior to his death, you may want to check with the surrogate court of the previous county as well.
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Contact the clerk of the court and request information on how to obtain filed documents. The clerk should be able to provide you with the appropriate forms, instructions and fees for requesting a search of court records. You may need to visit the court in person to obtain the necessary forms from the clerk.
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Complete a request form by providing the full name of the decedent, her last known address, date of birth and Social Security number. If you know the approximate date on which the documents for which you are searching were filed, provide this information as well. If the will has already completed the probate process, also include the matter name and docket number assigned to the matter. Sign the bottom of the form when you are finished.
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Locate and organize any documents you need to provide for the clerk to complete the search. While each court will set its own requirements, most require proof of your identity and proof of your relationship to the decedent. Many courts will accept an obituary stating your name as a relative of the decedent as proof of your relationship.
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Submit your completed request form, along with original copies of any required documents, to the clerk of the surrogate court. While you can mail them, delivering these documents in person will cut down on any chance of them getting lost. Pay any applicable administrative fees for requesting the search.
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Request an approximate timeframe for the completion of the search. The clerk may be able to complete the search instantly or it could take up to a few months to research, depending on how long ago the documents were filed and the particular court's caseload. Ask whether you need to appear in person to retrieve any documents the search returns or whether you can have the information mailed to your home. If the clerk offers to mail the documents to you, be sure to provide a self-addressed stamped envelope large enough to contain the information you were requesting.
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Tips & Warnings
Many courts operate an "e-filing" system, which allows litigants and their attorneys to file, research, download and print documents related to a particular matter online. While most courts restrict access to active litigants and licensed professionals, you may be able to request access from the court to complete the search yourself.
There are now numerous online public records services available, which offer to search specific records for you in exchange for a small fee, allowing you to bypass the formal search procedures followed by most courts.
Keep in mind that if the decedent never filed the documents with the surrogate court, they will not have a copy for you to review.
