Probate in New York is a county-based process governed by the SCPA (procedure) and EPTL (substance), filed in the Surrogate’s Court of the decedent’s county of domicile. These answers cover the questions New Yorkers ask most — where to file, how long it takes, what it costs, and when you actually need a lawyer — each written to stand on its own. Where a figure changes yearly (estate-tax exemption, some fees), confirm the current number.
Process and timing
Where do I file probate in New York? In the Surrogate’s Court of the county where the decedent was domiciled at death (SCPA 205-206), not where their assets are. A Bronx resident’s estate is filed in Bronx County even if they owned a house in Suffolk.
How long does probate take in New York? An uncontested estate generally takes about 7–12 months from filing to distribution. High-volume metro courts (Kings, Queens, New York) run longer than rural counties; contests or kinship issues add many months.
Is there one Surrogate’s Court for all of New York State? No. New York has 62 county Surrogate’s Courts, one per county. There is no centralized statewide probate court — venue follows the decedent’s domicile.
What is the difference between probate and administration? Probate applies when there is a valid will; a named executor serves. Administration applies when there is no will; the court appoints an administrator under SCPA 1001, and assets pass by intestacy under EPTL 4-1.1.
Documents and legal rules
What makes a will valid in New York? Under EPTL 3-2.1, the will must be written, signed by the testator at the end, and witnessed by two people who sign within 30 days of each other after the testator declares it to be their will. The testator must be 18 and of sound mind.
What happens if someone dies without a will in New York? Their assets pass by intestacy under EPTL 4-1.1. A spouse with children takes $50,000 plus half the balance, with children sharing the rest; a spouse with no children takes everything.
Can I probate a photocopy of the will? Generally no. New York requires the original will. To admit a copy, you must bring a lost-will proceeding under SCPA 1407, which carries a higher burden of proof.
Are handwritten or oral wills valid in New York? Almost never. EPTL 3-2.2 recognizes them only for armed-forces members during armed conflict and mariners at sea. Everyone else needs a properly witnessed written will.
Cost and fees
How much does probate cost in New York? Court filing fees follow the graduated SCPA 2402 schedule — roughly $45 to $1,250 depending on estate value. Attorney fees and statutory fiduciary commissions are separate.
How much does an executor get paid in New York? Statutory commissions under SCPA 2307 on a sliding scale — 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, and lower above that — unless the will waives them.
Does New York have an estate tax? Yes, separate from federal, under Tax Law Article 26, with a state exemption and the harsh “cliff”: exceed the exemption by more than 5% and you lose it entirely. New York has no inheritance or gift tax. See estate taxes.
Local and county-specific
Can I choose a different county to make probate faster? No. Venue is mandatory and fixed by the decedent’s domicile (SCPA 205). Filing in the wrong county leads to rejection or transfer.
What if the decedent owned property in more than one New York county? A New York domiciliary’s single home-county probate generally reaches their New York property statewide. A non-resident’s New York property may require an ancillary proceeding under SCPA 206 where the property sits.
Do all New York Surrogate’s Courts use e-filing? Many use NYSCEF, but availability and mandates vary by county. Confirm with the specific Surrogate’s Court before filing.
Does New York allow transfer-on-death deeds? No. New York has no TOD deeds for real property, so a home passes through probate or a trust. See trusts.
Small estates and shortcuts
Is there a simplified process for small estates in New York? Yes. If the decedent’s personal property is $50,000 or less, the estate may use voluntary administration under SCPA Article 13 — a faster, cheaper process through the county Surrogate’s Court.
Do all assets go through probate? No. Jointly owned property, beneficiary-designation accounts (life insurance, IRAs, POD accounts), and funded-trust assets pass outside probate.
When you need a lawyer
Do I need a lawyer for New York probate? Not always — help centers assist self-represented petitioners for simple, uncontested estates. But a lawyer is strongly advised once there is a will contest, kinship/heirship questions, estate-tax exposure, out-of-state property, or a complex asset mix. See contested estates.
Still have questions?
If your situation isn’t covered here, a short conversation usually resolves it. Book a 30-minute consultation with Russel Morgan: calendly.com/russel-morgan/30min.