Probate in New York confuses people for one reason above all: “New York” is not one court. Below are clear, statute-grounded answers to the questions New Yorkers ask most — about which Surrogate’s Court applies, how long things take, what they cost, and when you need a lawyer. Each answer stands on its own.
Which Surrogate’s Court handles a New York estate?
The Surrogate’s Court of the county where the decedent was domiciled at death, under SCPA 205-206. “New York County” means Manhattan (court at 31 Chambers Street). The other four NYC boroughs — Kings, Queens, Bronx, Richmond — each have their own court, and so does every one of the state’s 62 counties.
Is there one statewide “New York” probate court?
No. New York probate is county-based, not centralized. Venue follows the decedent’s domicile (SCPA 205). A Manhattan resident’s estate cannot be filed in Brooklyn, and there is no single state court that handles all probate.
How long does probate take in New York?
A clean, uncontested estate with a self-proving will typically takes 4 to 9 months to obtain Letters Testamentary, with full settlement often within 12-18 months. High-volume city courts, will contests, kinship issues, and estate-tax filings all extend the timeline.
How much does probate cost in New York?
The court filing fee is graduated by estate value under SCPA 2402 — from roughly $45 for tiny estates up to $1,250 for estates of $500,000 or more (verify current figures). On top of that come attorney fees and, if applicable, executor commissions under SCPA 2307.
What is a small estate in New York?
If the decedent’s personal property (excluding real estate) is under $50,000, the estate may use voluntary administration under SCPA Article 13 — a faster, cheaper process that avoids full probate. Owning real property generally disqualifies an estate from small-estate treatment.
What is the difference between probate and 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 are nearly identical.
What are the requirements for a valid New York will?
Under EPTL 3-2.1, the will must be in writing, signed at the end by the testator, and witnessed by two people who sign within 30 days of each other, with the testator declaring it to be their will. The testator must be at least 18 and of sound mind.
What happens if someone dies without a will in New York?
The estate passes by intestacy under EPTL 4-1.1. A spouse with no children inherits everything; a spouse with children takes $50,000 plus half, with children sharing the rest. Unmarried partners inherit nothing under intestacy.
How much does an executor get paid in New York?
Executors earn statutory commissions under SCPA 2307, on a graduated schedule: 5% of the first $100,000, 4% of the next $200,000, 3% of the next $700,000, and lower rates above that. Executors may waive commissions, which family members often do because commissions are taxable income.
Can I avoid probate in New York?
Yes. Assets in a funded revocable living trust, jointly owned property, and beneficiary-designation accounts (life insurance, IRAs, POD accounts) pass outside probate. Because New York has no transfer-on-death deed, a solely owned home or co-op will pass through the estate unless placed in a trust.
How do co-op apartments affect a New York estate?
A co-op owner holds shares plus a proprietary lease, not real property. Transferring a co-op to heirs requires the co-op board’s approval, which can delay distribution by months even after Letters issue — a uniquely New York City bottleneck the executor must manage.
Who can contest a will in New York?
A person with standing under SCPA 1410 — generally a distributee or someone adversely affected — may contest, on grounds of improper execution, lack of capacity, undue influence, fraud, duress, or forgery. Before filing objections, they may conduct SCPA 1404 examinations of the will’s witnesses.
Does New York have an estate tax?
Yes, separate from the federal tax, with a notorious “cliff”: exceed the exemption by more than 5% and you lose the exemption entirely, taxing the whole estate. New York has no inheritance or gift tax, but it adds back gifts made within three years of death. See estate taxes.
Can I e-file probate in New York?
Yes. NYSCEF e-filing is available at all five New York City Surrogate’s Courts and many others statewide, and it is often faster than filing over the counter.
When do I need a probate lawyer in New York?
You should strongly consider counsel when the estate is large, includes a co-op or business, faces a will contest or unknown heirs, or may owe estate tax near the cliff. The court Help Center provides forms but cannot give legal advice or represent you.
Book a 30-minute consultation with Russel Morgan, or read the complete New York estate guide.
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