These answers cover probate across New York State, where there is no single statewide Surrogate’s Court — each of the 62 counties has its own, and venue follows the decedent’s county of domicile under SCPA 205-206. Each answer below is self-contained and grounded in the EPTL and SCPA. For your specific county, see the statewide estate guide.
Process questions
How long does probate take in New York? An uncontested New York estate with cooperative distributees commonly takes 7 to 12 months from filing to distribution. High-volume downstate courts — the five NYC boroughs, Nassau, Suffolk, and Westchester — generally run longer than smaller upstate counties. A will contest, a missing heir, or estate-tax filings can extend the process beyond a year.
Where do I file for probate in New York? You file in the Surrogate’s Court of the county where the decedent was domiciled at death, under SCPA 205-206. There is no central statewide court. Place of death and location of vacation property do not control — only the decedent’s true, fixed, permanent home county does.
What does probate cost in New York? Court filing fees are set statewide by SCPA 2402 on a graduated scale tied to estate value, ranging from a small fee for tiny estates up to a higher fee for estates of $500,000 or more. Attorney’s fees and executor commissions (SCPA 2307) are separate. Verify the current SCPA 2402 bracket for your estate value.
Document and legal questions
What makes a will valid in New York? Under EPTL 3-2.1, a will must be in writing, signed at the end by the testator, witnessed by at least two people who sign within 30 days of one another, and the testator must declare to the witnesses that it is their will. Handwritten and oral wills are valid only in narrow military/mariner situations under EPTL 3-2.2.
What happens if someone dies without a will in New York? The estate passes by intestacy under EPTL 4-1.1 and goes through administration rather than probate. A spouse with no children inherits everything; a spouse with children takes the first $50,000 plus half, with the rest to the children. The court appoints an administrator by SCPA 1001 priority.
What is the difference between probate and administration? Probate proves a valid will and issues letters testamentary to the named executor. Administration applies when there is no will: assets pass under intestacy (EPTL 4-1.1) and the court appoints an administrator who receives letters of administration. The procedures overlap, but the petition and appointee differ.
Do all assets go through probate in New York? No. Jointly owned property with survivorship, beneficiary-designation assets (life insurance, IRAs, 401(k)s, payable-on-death accounts), and assets held in a funded trust pass outside probate. Only solely owned assets with no transfer mechanism go through the Surrogate’s Court.
Cost and fee questions
How much is an executor paid in New York? Executor commissions under SCPA 2307 are graduated: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4 million, and 2% above $5 million, calculated on assets received and paid out. Commissions are taxable income, so beneficiary-executors sometimes waive them.
Are there small-estate shortcuts in New York? Yes. 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 instead of full probate.
Does New York have an estate tax? Yes. New York imposes its own estate tax with a “cliff”: an estate exceeding 105% of the state exemption loses the exemption entirely and is taxed on the whole amount. New York has no inheritance tax and no gift tax, but adds back gifts made within three years of death. Exemption figures change annually — verify the current amount.
Local and county questions
Is there one Surrogate’s Court for all of New York State? No. New York has 62 Surrogate’s Courts, one per county, with no statewide court. The county of the decedent’s domicile controls under SCPA 205-206. A Manhattan decedent’s estate cannot be filed in Brooklyn, and an Albany decedent’s cannot be filed in New York City.
My relative owned property in two New York counties — do I file twice? Generally one probate, in the domicile county. The other county may require ancillary steps to clear real-property title, but the main proceeding stays in the domicile county. A funded revocable trust can avoid this multi-county complication entirely.
Do New York Surrogate’s Courts use e-filing? Most use the NYSCEF electronic filing system, but whether it is mandatory or consensual varies by county and case type. Large downstate courts have the most developed e-filing; some smaller counties remain paper-based. Confirm the current status with the specific county court.
When you need a lawyer
When do I need a probate lawyer in New York? Simple, small, uncontested estates are sometimes handled without counsel using the Surrogate’s Court Help Center. You should engage an attorney when the estate is taxable, when a will is contested or a no-contest clause is in play, when heirs are unknown (kinship), when real property or a business must be transferred, or when the executor faces creditor or liability questions. The SCPA’s petition, citation, and accounting rules are technical, and errors cause delay or personal liability.
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