New York Probate Process: A Complete 2026 Guide

Overview of New York Probate

In New York, probate is handled by the Surrogate's Court in the county where the decedent resided. The process is governed by the Surrogate's Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law (EPTL). For estates with Canadian connections, see our guide to Ontario probate.

Types of New York Probate Proceedings

Probate Proceeding

When the decedent left a valid will, the executor files for probate to have the will admitted and receive authority to act.

Administration Proceeding

When there is no will (intestacy), an interested party petitions for appointment as administrator.

Small Estate Proceeding (Voluntary Administration)

Available for personal property estates valued at $50,000 or less (excluding real property). This simplified procedure involves filing an affidavit and typically doesn't require a formal hearing.

Step-by-Step Process

Step 1: File Probate Petition

File a petition with the Surrogate's Court, along with the original will, a certified death certificate, and information about all distributees.

Step 2: Issue Citations

The court issues citations to all interested parties (beneficiaries and distributees). These must be personally served or served by mail, depending on whether parties consent.

Step 3: Prove the Will

If the will is self-proved (with proper attestation), this is straightforward. Otherwise, at least one subscribing witness must testify.

Step 4: Receive Letters Testamentary

Once the will is admitted, the court issues Letters Testamentary.

Step 5: Marshal Assets

Gather all estate assets, open an estate bank account, and prepare an inventory.

Step 6: Notice to Creditors

While New York doesn't require publication in all cases, executors typically publish notice. Creditors have 7 months from the issuance of Letters Testamentary.

Step 7: Pay Debts and Taxes

Pay valid claims, file tax returns (including any New York estate tax if applicable — estates over $6.94 million in 2026). Neighboring New Jersey has its own inheritance tax rules worth understanding if the decedent held property in both states.

Step 8: File Accounting and Distribute

File a judicial accounting or obtain waivers from beneficiaries, then distribute assets.

New York Probate Costs

Timeline

• Small estates: 1–3 months
• Standard probate: 7–12 months
• Complex estates: 12–24+ months

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