New York (NY) · Process
New York probate process
Probate in New York follows a fairly predictable sequence, even when individual cases vary. Below is the typical shape of a New York probate from filing through final distribution.
Filing
A probate petition is filed in the Surrogate's Court of the county where the decedent lived. New York's Surrogate's Court is a specialized court for estates and trusts.
Notice and citation
Heirs entitled to share in the estate (distributees) are issued citations and given a chance to appear.
Letters and administration
Once the will is admitted, Letters Testamentary issue. The fiduciary collects assets, addresses creditor claims, and prepares to distribute.
Accounting and closing
The fiduciary prepares an accounting and distributes the estate. Closing can be informal (with releases from beneficiaries) or judicial (a formal accounting before the court).
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