How Probate Works in New York — Step-by-Step SCPA Guide

Probate is the court-supervised process of proving a deceased person’s will, appointing the executor, paying debts and taxes, and distributing the remaining assets to beneficiaries. In New York, probate happens in the Surrogate’s Court of the decedent’s county of domicile under the Surrogate’s Court Procedure Act (SCPA) — there is no statewide probate court. A straightforward, uncontested New York estate typically takes 7 to 18 months; contested or complex estates take longer.

Because each of New York’s 62 counties runs its own Surrogate’s Court, timelines vary by caseload — a high-volume downstate court moves slower than a rural upstate one. The steps, however, are statewide.

How long does probate take in New York?

A clean, uncontested estate with a self-proving will often clears in roughly 7–12 months; estates with tax filings, real-property sales, or minor disputes run 12–18 months; will contests or kinship issues can stretch to two years or more. The first letters testamentary are commonly issued within a few weeks to a few months of filing, depending on the county.

Step-by-step: the New York probate process

1. Locate the original will. The court needs the original signed will, not a copy. A self-proving affidavit (see wills) speeds admission.
2. File the probate petition (SCPA 1402). The named executor files a petition in the Surrogate’s Court of the decedent’s county of domicile, attaching the will and death certificate.
3. Identify and notify distributees / issue citation. All distributees (those who would inherit under EPTL 4-1.1 if there were no will) must receive notice; those who don’t sign a waiver are served with a citation to appear.
4. Court admits the will and issues letters testamentary. Once the court is satisfied the will is valid, it issues letters testamentary — the document proving the executor’s authority.
5. Marshal and inventory assets. The executor collects accounts, secures real property, and values the estate.
6. Notify creditors and pay debts and taxes. Valid claims are paid in statutory priority; the executor files final income-tax and any estate-tax returns.
7. Distribute the remaining assets to beneficiaries per the will.
8. Account — judicial or informal. The executor provides an accounting; beneficiaries can sign receipt-and-release waivers for an informal accounting, or the court conducts a judicial accounting if anyone objects.
9. Close the estate once accounting is approved and distributions are complete.

Definition — Letters testamentary: the court document that proves an executor’s legal authority to act for the estate. For an intestate estate, the equivalent is letters of administration.

Required documents checklist

• Original signed will (with self-proving affidavit if available)
• Certified death certificate
• Probate petition (SCPA 1402)
• Family tree / affidavit of heirship identifying distributees
• Waivers and consents or citations for distributees
• Asset list with date-of-death values

New York Surrogate’s Court filing fees (SCPA 2402)

Filing fees are set statewide by SCPA 2402 on a graduated scale tied to the estate’s value (the same schedule applies in every county). Approximate tiers:

Estate value	Filing fee (SCPA 2402)
Less than $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 current amounts with the specific county Surrogate’s Court before filing.

Where do you file probate in New York?

You file in the Surrogate’s Court of the county where the decedent was domiciled at death (SCPA 205-206) — not where they died, owned property, or where the will was signed. A Queens resident’s estate is filed in Queens County Surrogate’s Court; an Erie resident’s in Erie County. If the decedent owned real property in a different New York county, an ancillary issue may arise, but the primary proceeding stays in the domicile county. The statewide estate guide and Surrogate’s Court page explain venue in detail.

Probate vs. administration

Probate applies when there is a valid will. Administration applies when the person died intestate (no will) — the court issues letters of administration to an administrator chosen by SCPA 1001 priority (usually the closest relative). The steps are similar, but administration has no will to interpret and follows EPTL 4-1.1 distribution. See executor duties for both roles.

Small estates: voluntary administration (SCPA Article 13)

If the decedent’s personal property (excluding real estate and jointly held assets) is $50,000 or less, the estate can use voluntary administration under SCPA Article 13 — a simplified, low-cost process handled by a “voluntary administrator” without full probate. It’s faster and cheaper, and available in every county’s Surrogate’s Court.

Probate FAQ

Can I avoid probate in New York? Yes — assets in a funded trust, jointly owned property, and beneficiary-designation accounts skip probate. Only solely owned probate assets go through Surrogate’s Court.

Do all New York estates need a lawyer? No, but most executors hire one; the Surrogate’s Court does not give legal advice, and mistakes in citations or accountings cause delays.

What if there’s no will? The estate goes through administration, not probate, under SCPA 1001 and EPTL 4-1.1.

How much does probate cost in New York? Court filing fees follow the SCPA 2402 schedule above; attorney and executor fees are separate.

Get help with a New York probate

An organized executor with good counsel can keep a New York estate on the shorter end of the timeline. Book a 30-minute consultation with Russel Morgan of Morgan Legal Group. Schedule now.