New York (NY)
Probate & the executor’s job in New York
New York probate is administered by the Surrogate's Court in each of the state's 62 counties. The Surrogate's Court is its own specialized court — separate from the Supreme Court that handles civil matters elsewhere.
How probate works in New York
When there is a will, the named executor files a petition for probate and notifies the heirs entitled to notice. When there is no will, an heir petitions for letters of administration. Once Letters issue, the fiduciary administers the estate under the Surrogate's Court's supervision.
Typical timeline
Uncontested New York probates often run nine to fifteen months. New York City boroughs and contested matters can take substantially longer.
Small-estate alternatives
New York offers a small-estate procedure (sometimes called voluntary administration) when the estate's personal property falls below a statutory cap. The cap is updated by the Legislature — verify the current figure before filing.
Where you’ll file
Probate is filed in the Surrogate's Court of the county where the decedent lived. Each county Surrogate's Court publishes its own forms list, filing fees, and procedures.
New York probate, in depth
By county
Probate is filed in the county where the decedent lived. Each New York county has its own court, clerk procedures, and local rules.
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First-30-day tasks (universal)
- Order certified copies of the death certificateYou'll need certified copies of the death certificate for nearly everything else — banks, insurers, the court, the Social Security Administration.
- Locate the will and any trust documentsFind the original will. Photocopies are not the same as originals, and the original is what gets filed with the court.
- Secure the home and personal propertyLock up. Change locks if needed. Forward mail. The estate is responsible for what's in the home from now on.
- File the probate petition with the courtIf the estate requires probate, you'll file a petition with the appropriate court in the county where the decedent lived.
- Inventory the estate's assets and debtsYou're personally responsible for an accurate accounting. Most courts require a formal inventory; even when they don't, you need one to administer the estate.
- Notify creditors and handle claimsMost states require formal notice to known creditors and a published notice to unknown creditors. There's a window for claims, then it closes.
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