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Administrative History

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 pounds, and located in the 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.