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Probate in New York is not centralized. There is no single statewide Surrogate’s Court — each of New York’s 62 counties operates its own, and venue is set by the decedent’s county of domicile under SCPA 205-206. The process runs on two governing statutes: the Estate Powers and Trusts Law (EPTL), which supplies the substantive rules, and the Surrogate’s Court Procedure Act (SCPA), which supplies the procedure. Before anything else, a New York estate has to answer one question: which county.
That single fact — venue by domicile, not by where the assets sit or where the heirs live — is the through-line of this entire resource. A person who dies a resident of Erie County is probated in Buffalo’s Surrogate’s Court even if they owned a co-op in Manhattan and a cabin in the Adirondacks. Get the county wrong and the petition gets rejected. This hub exists to orient you to the statewide structure first, then route you to the deeper, statute-grounded guides below.
Who this New York probate hub is for
This site serves the reader who searched “probate in New York” and got a confusing mix of Manhattan-specific, NYC-specific, and statewide answers. We disambiguate up front: if you mean one of the five NYC boroughs, the borough of domicile controls; if you mean a county upstate or on Long Island, that county’s Surrogate’s Court controls; and “New York State” itself is a 62-court patchwork, not a place you file. Executors, administrators, beneficiaries, and people doing their own estate planning all need the same starting fact — and most legal sites bury it.
The seven things to understand about NY probate
- The New York probate process — the full step-by-step from filing the SCPA 1402 petition to closing the estate, plus filing fees under SCPA 2402.
- New York’s Surrogate’s Courts — what these specialized courts do and how the domicile rule (SCPA 205-206) decides which one hears your case.
- Executor and administrator duties — the fiduciary’s job, statutory commissions under SCPA 2307, and personal liability.
- Wills under New York law — EPTL 3-2.1 execution requirements and what happens intestate under EPTL 4-1.1.
- Trusts and probate avoidance — how revocable and Medicaid asset-protection trusts keep property out of Surrogate’s Court.
- Contested estates and will contests — standing under SCPA 1410, grounds, and SCPA 1404 examinations.
- The New York statewide estate guide — the deep county-by-county resource tying it all together.
How probate works in New York, at a glance
- Find the will and confirm domicile. The decedent’s county of domicile fixes venue under SCPA 205. No will means administration instead of probate.
- File the petition in that county’s Surrogate’s Court (SCPA 1402 for probate), with the original will and a certified death certificate.
- Notify the distributees. Those who would inherit under intestacy (EPTL 4-1.1) must be cited or sign waivers.
- The court issues letters — letters testamentary to an executor named in the will, or letters of administration to an administrator.
- Marshal, pay, and distribute. The fiduciary collects assets, pays debts and taxes, and accounts to the beneficiaries.
Read the complete walkthrough on the New York probate process page.
Court and statute snapshot
| Item | New York State |
|---|---|
| Court system | 62 county Surrogate’s Courts (no statewide court) |
| Venue rule | County of the decedent’s domicile (SCPA 205-206) |
| Procedure statute | Surrogate’s Court Procedure Act (SCPA) |
| Substantive statute | Estate Powers and Trusts Law (EPTL) |
| Intestacy | EPTL 4-1.1 |
| Estate tax | NY Tax Law Art. 26, including the 105% “cliff” |
| E-filing | NYSCEF available in most counties (verify by county) |
Common questions
Does New York have one Surrogate’s Court for the whole state? No. Each of the 62 counties has its own, and you file where the decedent was domiciled. See the Surrogate’s Court page.
How long does probate take in New York? A straightforward, uncontested estate often runs roughly 7–12 months; contested or complex estates take longer. See the probate process timeline.
Do I always need probate? No — assets in a funded trust, jointly owned property, and beneficiary-designation accounts pass outside probate. Small estates under $50,000 may use voluntary administration under SCPA Article 13. More in the FAQ.
About this resource
This site is published by Morgan Legal Group, the New York estate and probate practice of attorney Russel Morgan. Our focus is the substance and procedure of New York estate law statewide — EPTL and SCPA, not generic templates. Learn more on the about page.
Talk through your New York estate
If you’re not sure which county’s Surrogate’s Court applies or how to begin, a short conversation usually clears it up. Book a 30-minute consultation with Russel Morgan: calendly.com/russel-morgan/30min. Informational orientation, no obligation.
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