New York probate guide

Probate process in New York

New York probate is handled by the county Surrogate's Court. Filing fees scale by estate value under SCPA § 2402 from $45 to $1,250. Voluntary administration (small-estate proceeding) under SCPA Article 13 is available for personal-property-only estates of $50,000 or less and carries a token $1 filing fee. New York does NOT have a real-property TOD deed statute.

New York probate at a glance

Court
Surrogate's Court (county)
Typical timeline
32–78 weeks
Filing fee
$45–$1250
Small-estate threshold
$50,000
TOD deed allowed?
No
Bond required by default?
No
Statute
N.Y. SCPA §§ 1-101 et seq.; SCPA Art. 13 (small estates)

Source: www.nycourts.gov. Fees and thresholds change — verify with your county court before filing.

How New York probate works, step by step

  1. 1File petition for probate or administration in Surrogate's Court
  2. 2Surrogate issues letters testamentary or of administration
  3. 3Serve citations on distributees and publish if required
  4. 4Pay debts, New York estate tax, and statutory allowances
  5. 5File accounting and order of distribution

Probate by county in New York

Filing fees, court contacts, and process detail for 9 New York counties:

Protect your family from another probate — get a free life insurance quote

Most New York families never plan ahead. A 30-second quote from a licensed agent costs nothing and could save your heirs months of probate court.

This page is informational and is not legal advice. Probate procedure varies by county and changes over time. Consult a licensed New York probate attorney for advice specific to your situation.