Who must be served in a New York probate proceeding?

All distributees (heirs at law), any person named as executor or beneficiary in the will, and any person who filed a notice of appearance must be cited. The Surrogate's Court will identify the required respondents in the citation.

Can a beneficiary waive service?

Yes. Distributees and interested parties may execute a waiver and consent instead of requiring service of the citation. Where waivers are not obtained, we serve the citation.

What if a distributee lives out of state?

Out-of-state service is available through our nationwide partner network. SCPA permits service by mail in some circumstances for out-of-state parties — consult with the estate attorney on the method required.

Process Serving

Serve Will-Related Documents in New York

Wills and testamentary documents rarely require traditional process service, but related probate papers — citations to interested parties, petitions for probate, and notices to distributees — must be properly served on all parties entitled to notice before the Surrogate's Court can proceed. We handle the service component with the discretion these matters deserve.

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What we do

How we handle wills

We serve Surrogate's Court citations, probate petitions, objections to probate, and related papers on named distributees, legatees, and interested parties. Service follows SCPA requirements, and a notarized affidavit is returned on completion for submission to the court.

Timeline

Standard service is completed in 3 to 7 business days. Return dates on Surrogate's Court citations are set well in advance, but early submission is advisable to confirm all interested parties are located and served.

Pricing

Residential service starts at $135. Statewide individual service is $175. Out-of-state service through our partner network — common in estates with beneficiaries in other states — is quoted individually.

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FAQ

Questions about serving wills

Who must be served in a New York probate proceeding?: All distributees (heirs at law), any person named as executor or beneficiary in the will, and any person who filed a notice of appearance must be cited. The Surrogate's Court will identify the required respondents in the citation.
Can a beneficiary waive service?: Yes. Distributees and interested parties may execute a waiver and consent instead of requiring service of the citation. Where waivers are not obtained, we serve the citation.
What if a distributee lives out of state?: Out-of-state service is available through our nationwide partner network. SCPA permits service by mail in some circumstances for out-of-state parties — consult with the estate attorney on the method required.

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