How Probate Works in New York (Step by Step)

Probate in New York is the Surrogate’s Court procedure for proving a will, appointing an executor, and authorizing the transfer of a decedent’s assets. You file in the county where the decedent was domiciled (SCPA 205-206), submit the petition under SCPA 1402 with the original will and a certified death certificate, give notice to distributees, and — once the court issues letters testamentary — the executor marshals assets, pays debts and taxes, and distributes the balance. A clean, uncontested New York estate typically takes about 7–12 months.

Because New York probate is county-based, the very first procedural choice is where. The steps below are uniform statewide under the SCPA, but the courthouse, the clerk’s calendar, and the local timelines change with the county of domicile.

Step-by-step: probating a will in New York

1. Locate the original will and confirm domicile. The court wants the signed original, not a copy. Domicile — the decedent’s fixed, permanent home — sets venue under SCPA 205. If there is no will, this becomes administration, not probate.
2. Prepare and file the probate petition (SCPA 1402). The named executor petitions the county Surrogate’s Court, listing the decedent, the distributees, the assets’ approximate value, and the propounded will.
3. Notify the distributees by citation or waiver. Everyone who would inherit under intestacy (EPTL 4-1.1) must either sign a waiver and consent or be served with a citation to appear. This is where contests surface.
4. The court admits the will and issues letters testamentary. Once the will is proven (the self-proving affidavit usually avoids calling witnesses), the executor receives letters testamentary — the official authority to act.
5. Marshal the assets. Collect bank accounts, securities, real property, and personal property into the estate; obtain an estate EIN; open an estate account.
6. Notify creditors and pay valid debts. Creditors present claims; the executor pays them in the statutory priority order (SCPA 1802 governs the claims period and priority).
7. File and pay taxes. This includes the decedent’s final income tax return and, where applicable, the New York estate tax (Tax Law Art. 26) and federal estate tax.
8. Account to the beneficiaries. The executor prepares an accounting — informal (by agreement and release) or judicial (filed and approved by the court).
9. Distribute and close. After approvals and releases, the executor distributes the remaining assets per the will and closes the estate.

Definition — Letters testamentary: the document the Surrogate’s Court issues to an executor confirming legal authority to administer a will-based estate. The equivalent for an intestate estate is letters of administration.

Required documents checklist

• Original will (and any codicils)
• Certified death certificate
• Probate petition (SCPA 1402)
• Names and addresses of all distributees
• Family tree / affidavit of heirship where heirs are uncertain
• Estimated asset values for the petition and fee calculation

Filing fees by estate value (SCPA 2402)

New York Surrogate’s Court filing fees are graduated by the estate’s value. The schedule is statewide:

Estate value	Filing fee (approx.)
Under $10,000	$45
$10,000 – $20,000	$75
$20,000 – $50,000	$215
$50,000 – $100,000	$280
$100,000 – $250,000	$420
$250,000 – $500,000	$625
$500,000 and over	$1,250

Fees are set by SCPA 2402; confirm the current schedule for the filing county before submitting.

Where to file

You file in the Surrogate’s Court of the decedent’s county of domicile — for example, New York County (Manhattan) at 31 Chambers Street, Kings County (Brooklyn) at 2 Johnson Street, Nassau County at 262 Old Country Road in Mineola, or Suffolk County at 320 Center Drive in Riverhead. See the Surrogate’s Court overview for how venue is determined statewide.

Timeline expectations

A simple, uncontested estate in a lower-volume upstate county may move faster than one in a high-volume metropolitan court like Kings or Queens, where calendars are busier. Plan on roughly 7–12 months for an uncontested estate; will contests, kinship issues, or tax complexity extend that materially. See contested estates for litigation timelines.

Probate vs. administration

If there is a valid will, the procedure is probate and a named executor serves. If there is no will, the procedure is administration under SCPA 1001, and the court appoints an administrator in statutory priority order. The substantive distribution then follows intestacy (EPTL 4-1.1). The executor duties page covers both roles.

When a small-estate shortcut applies

If the decedent’s personal property (excluding real estate that passes outside the estate) is $50,000 or less, the estate may qualify for voluntary administration under SCPA Article 13 — a streamlined, lower-cost process handled by the county Surrogate’s Court without full probate.

FAQ

How long does probate take in New York? An uncontested estate generally takes about 7–12 months from filing to distribution. Volume in metropolitan counties and any objections lengthen that.

Can I probate a copy of the will? Generally no. New York wants the original; a lost-will proceeding under SCPA 1407 is required to probate a copy, with a higher evidentiary burden.

Do all heirs have to agree? No, but distributees must be given notice. If any object, the matter becomes contested. Waivers from all distributees speed things considerably.

What does probate cost in New York? Court filing fees follow the SCPA 2402 schedule above; attorney and fiduciary fees are separate. The fee tracks the estate’s value.

Start with the right county

Unsure which county’s Surrogate’s Court applies or how to assemble the petition? Book a 30-minute consultation with Russel Morgan: calendly.com/russel-morgan/30min.