How Probate Works in New York: Step-by-Step (SCPA)

Probate is the New York court process that proves a will is valid, appoints the executor, and authorizes the estate to be settled. You file in the Surrogate’s Court of the county where the decedent was domiciled at death (SCPA 205-206), submit a probate petition under SCPA 1402, give notice to the distributees, and the court issues letters testamentary so the executor can act. A straightforward, uncontested New York probate commonly takes 7 to 12 months; contested or complex estates take considerably longer.

There is no statewide probate office. The steps below are uniform under the SCPA, but you complete them in your decedent’s specific county Surrogate’s Court — identified the same way for every estate in the state.

Step-by-step: how to probate a New York estate

Step 1 — Locate the original will and the death certificate

The Surrogate’s Court requires the original signed will, not a copy. A lost or copy-only will triggers a harder “lost will” proceeding. Order several certified death certificates; you will need them throughout.

Step 2 — Identify the county of domicile

Domicile — the decedent’s true, fixed, permanent home — sets venue under SCPA 205. This decides which of the 62 county Surrogate’s Courts hears the estate. Where the person died, or owned a second home, does not control.

Step 3 — File the probate petition (SCPA 1402)

The named executor files a probate petition under SCPA 1402 with the original will, the death certificate, and the filing fee. The petition lists the decedent’s distributees (the people who would inherit under intestacy) because they are legally entitled to notice.

Step 4 — Serve citation or obtain waivers

Distributees who do not sign a waiver and consent must be served with a citation directing them to appear if they object. Once all distributees have waived or been cited, the court can proceed.

Step 5 — Receive letters testamentary

When the court is satisfied the will is valid and properly executed, it admits the will and issues letters testamentary — the official document proving the executor’s authority. Banks and transfer agents require letters before releasing assets.

Definition — Letters testamentary: the court certificate authorizing the named executor to act for the estate. For an intestate estate, the equivalent is letters of administration.

Step 6 — Marshal assets and prepare an inventory

The executor collects and secures estate assets, obtains date-of-death valuations, and files an inventory of assets with the court. Real property, accounts, and personal property are catalogued.

Step 7 — Pay debts, expenses, and taxes

The executor notifies creditors, pays valid debts in statutory priority, and files any required income, New York estate, and federal estate tax returns. Debts and taxes are paid before beneficiaries receive anything. See the New York estate tax guide.

Step 8 — Distribute to beneficiaries

After debts and taxes are settled, the executor distributes the remaining assets according to the will’s terms, obtaining receipts and releases from beneficiaries.

Step 9 — Account and close the estate

The executor prepares an accounting. Most estates close informally when beneficiaries sign receipts, releases, and refunding agreements. Where beneficiaries disagree or a guardian/charity is involved, a formal judicial accounting is filed and the court settles the account before closing.

Required documents checklist

• Original signed will (and any codicils)
• Certified death certificate(s)
• Completed probate petition (SCPA 1402)
• Family tree / affidavit of heirship identifying distributees
• Waivers and consents or citations for distributees
• Filing fee (see below)
• Asset list with date-of-death values

New York probate filing fees (SCPA 2402)

Filing fees are set statewide by SCPA 2402 on a graduated scale tied to the estate’s value:

Estate value	Filing fee (verify current SCPA 2402 schedule)
Less than $10,000	Lowest tier
$10,000 to under $20,000	Higher
$20,000 to under $50,000	Higher
$50,000 to under $250,000	Higher
$250,000 to under $500,000	Higher
$500,000 and above	Highest tier

The fee schedule is uniform across counties because it is statutory; confirm the exact current amounts for your estate’s bracket before filing.

Where to file

File in the Surrogate’s Court of the decedent’s county of domicile. New York has no central court — see the Surrogate’s Courts overview to confirm which county applies and how that court operates.

Timeline expectations

A clean, uncontested estate with cooperative distributees often resolves in 7 to 12 months. High-volume downstate courts (the five NYC boroughs, Nassau, Suffolk, Westchester) generally move slower than smaller upstate counties. A will contest, a missing distributee, or estate-tax filings can push timelines well past a year.

Probate vs. administration

Probate applies when there is a valid will. Administration applies when there is none — assets pass under intestacy (EPTL 4-1.1) and the court appoints an administrator by SCPA 1001 priority. The mechanics overlap, but the petition type and appointee differ. See executor and administrator duties.

Small-estate (voluntary) administration — SCPA Article 13

If the decedent’s personal property is under $50,000 (excluding certain real property), the estate may qualify for voluntary administration under SCPA Article 13 — a simplified, lower-cost process using a “voluntary administrator” rather than full probate. It is faster and cheaper, and many smaller New York estates use it.

Frequently asked questions

How long does probate take in New York? Typically 7 to 12 months for an uncontested estate; longer in busy downstate courts or if anyone contests.

Can I probate a will myself in New York? Yes, but the SCPA petition, citation, and accounting requirements are technical; most executors use counsel, especially for contested or taxable estates.

Do small estates avoid full probate? Yes — estates with under $50,000 in personal property can use SCPA Article 13 voluntary administration.

What if the original will can’t be found? A lost-will proceeding is possible but harder; the court requires proof of the will’s contents and that it was not revoked.

Get help with a New York probate

Probate is procedural, and small missteps cause delays. Russel Morgan of Morgan Legal Group guides executors through filing in the correct county Surrogate’s Court.

Schedule a 30-minute consultation