How Probate Works in New York (County by County)

Probate in New York is the court process of proving a will is valid and authorizing an executor to settle the estate. It happens in the Surrogate’s Court of the county where the decedent was domiciled (SCPA 205-206) — not in any single “New York” court. A straightforward, uncontested probate in a New York Surrogate’s Court typically takes a few months to a year; contested matters or those with missing heirs take considerably longer.

Because “New York” can mean New York County (Manhattan, at 31 Chambers Street), the five-borough city system, or any of the state’s 62 counties, the very first task is identifying the right court. Everything below follows once you have.

How long does probate take in New York?

For a clean estate with a self-proving will and cooperative distributees, expect roughly 4 to 9 months from filing to Letters Testamentary, with full settlement often inside 12-18 months. High-volume city courts and any objection, kinship issue, or tax filing can push that out. The single biggest accelerator is a self-proving affidavit on the will — see our guide to wills.

Step-by-step: New York probate

1. Locate the original will. Photocopies rarely suffice; the court wants the original. If no will exists, you file for administration instead — see executor and administrator duties.
2. Obtain the death certificate and gather a preliminary asset list.
3. File the probate petition in the county of domicile under SCPA 1402, naming the executor and all distributees (the heirs who would inherit if there were no will).
4. Serve citation on distributees. Any distributee not signing a waiver must be served with a citation so the court obtains jurisdiction over them; this is how heirs get the chance to object.
5. The Surrogate admits the will and issues Letters Testamentary — the official document proving the executor’s authority to act for the estate.
6. Marshal and inventory the assets — bank and brokerage accounts, real property, co-op shares, business interests, personal property.
7. Notify creditors and pay valid debts and taxes, observing the claim period under SCPA 1802.
8. File any estate-tax returns (New York and, if applicable, federal) — see estate taxes.
9. Distribute the remaining assets to beneficiaries under the will.
10. Account and close — informally by receipt and release, or by judicial accounting if a beneficiary demands it or the estate is complex.

Required documents checklist

• Original last will and testament (with any codicils)
• Certified death certificate
• Probate petition (SCPA 1402)
• Family tree / affidavit of heirship identifying distributees
• Waivers and consents (or citations to be served)
• Self-proving affidavit, if the will has one

Filing fees (SCPA 2402)

New York probate filing fees are graduated by the size of the estate under SCPA 2402. As a general structure:

Estate value	Filing fee (verify current figure)
Under $10,000	$45
$10,000 – $19,999	$75
$20,000 – $49,999	$215
$50,000 – $99,999	$280
$100,000 – $249,999	$625
$250,000 – $499,999	$1,250
$500,000 and over	$1,250

Confirm the exact current fee with the specific Surrogate’s Court before filing, as the schedule is set by statute and periodically revised.

Where to file

File in the decedent’s county of domicile. For a Manhattan resident that is the New York County Surrogate’s Court, 31 Chambers Street, New York, NY 10007. For a Brooklyn resident it is Kings County; for a Long Island resident, Nassau or Suffolk. All five NYC courts use NYSCEF e-filing. Identify your court on our Surrogate’s Court page.

Probate vs. administration

Probate applies when there is a valid will (the court issues Letters Testamentary to the executor). Administration applies when there is no will (the court issues Letters of Administration to an administrator, with priority set by SCPA 1001). The duties overlap heavily — see executor and administrator duties.

Small estates: voluntary administration

If the decedent’s personal property (excluding real estate) is under $50,000, the estate may qualify for voluntary administration under SCPA Article 13 — a streamlined, lower-cost process that skips full probate. Real property generally takes it out of small-estate eligibility.

Frequently asked questions

Can I avoid probate entirely? Yes, if assets pass outside the will — through a revocable living trust, joint ownership, or beneficiary designations. New York has no transfer-on-death deeds for real property, so a house or co-op titled in the decedent’s sole name will pass through the estate.

Do all the heirs have to agree? No, but distributees who do not sign waivers must be cited and given the chance to object. Unanimous waivers speed things up dramatically.

What if the will can’t be found? A lost-will proceeding is possible but harder. The presumption is that a missing will was revoked, which must be overcome with proof.

Book a 30-minute consultation with Russel Morgan to map your specific estate, or read the full New York estate guide.