Overview
A person may, during his or her lifetime, place a will with the Surrogate’s Court. This is called placing a will for “safekeeping.” Wills filed for safekeeping are held in the Court’s vault and are kept confidential. The Court is NOT permitted to search for, or discuss, wills held in safekeeping over the phone.
If you have filed your will for safekeeping and would like to either remove it from our vault or replace it with a more recent, original will, you must come to the Surrogate’s Court in person and present two forms of identification. The Court may only release the will to you if it is your will (i.e., you are the testator), or if you are obtaining the will as the testator’s agent. An agent must likewise appear in person, with two forms of identification, and a completed, acknowledged “Request for Delivery of Will Held for Safekeeping to Testator’s Agent” form.
If you would like to inquire whether a deceased person placed a will with the Court for safekeeping, you must provide a certified copy of that individual’s death certificate. You may either bring the certified death certificate to the Court in person or mail the death certificate to the Court (Suffolk County Surrogate’s Court, Attn: Cashier, 320 Center Drive, Riverhead, New York 11901) with a letter indicating your request. If a will is located, the Court will retain the death certificate and file the will as public record.