This FAQ answers the most common questions New Yorkers ask about wills, trusts, probate, estate tax, and Surrogate’s Court — scoped to New York’s statewide framework. New York estate planning runs on two laws: the EPTL (substantive) and the SCPA (procedure), and probate is handled county by county based on where the decedent was domiciled (SCPA 205-206). Each answer below is self-contained and statute-grounded.
Process questions
How long does probate take in New York? A clean, uncontested estate with a self-proving will typically takes 7 to 12 months; estates with tax filings or property sales run 12 to 18 months; contested or kinship matters can exceed two years. Timelines vary by county because each of New York’s 62 Surrogate’s Courts manages its own caseload.
Where do I file probate in New York? In the Surrogate’s Court of the county where the decedent was domiciled at death — not where they died or owned property — under SCPA 205-206. There is no statewide probate court; each of the 62 counties has its own Surrogate’s Court.
How do I avoid probate in New York? Hold assets in a funded revocable trust, own property jointly with right of survivorship, or use beneficiary designations (life insurance, retirement accounts, payable-on-death accounts). Only solely owned probate assets pass through Surrogate’s Court.
Document and legal questions
What makes a will valid in New York? Under EPTL 3-2.1, the will must be signed at the end by the testator and witnessed by two attesting witnesses, with the testator declaring the document is their will. Notarization isn’t required for validity, but a notarized self-proving affidavit speeds later probate. See wills.
What happens if I die without a will in New York? You die intestate, and EPTL 4-1.1 dictates distribution to your closest relatives — for example, if you leave a spouse and children, the spouse takes $50,000 plus half and the children share the rest. Unmarried partners and stepchildren inherit nothing.
Do I need a trust if I already have a will? Often both. A will goes through probate; a funded trust avoids it and manages assets during incapacity. Many New Yorkers use a revocable trust plus a “pour-over” will. See trusts.
Are handwritten or oral wills valid in New York? Only in narrow military and mariner situations under EPTL 3-2.2, and only temporarily. For nearly everyone, an unwitnessed handwritten or oral will is invalid.
Can I disinherit my spouse in New York? Not fully. A surviving spouse has a right of election to roughly one-third of the estate under EPTL 5-1.1-A, regardless of what the will says.
Cost and fee questions
How much are New York probate filing fees? Surrogate’s Court filing fees are set statewide by SCPA 2402 on a graduated scale tied to estate value — ranging from about $45 for the smallest estates to $1,250 for estates of $500,000 or more. Confirm current amounts with the relevant county court.
How much is a New York executor paid? Executor commissions are set by SCPA 2307: roughly 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4 million, and 2% above $5 million. See executor duties.
What is the New York estate-tax cliff? New York taxes estates over its exemption (Tax Law Article 26), but if an estate exceeds the exemption by more than 5%, it loses the exemption entirely and is taxed on the whole estate — the “105% rule.” Verify the current exemption figure each year. See estate taxes.
Local and statewide questions
Is there one Surrogate’s Court for the whole state? No. New York has 62 county Surrogate’s Courts, one per county. The decedent’s domicile county controls venue under SCPA 205-206.
What if my relative owned property in two New York counties? The estate is administered in their county of domicile; real property in another county may require ancillary handling. A funded trust avoids the split entirely. See the statewide estate guide.
Does New York have transfer-on-death deeds? No. New York does not recognize TOD deeds for real property, so a home in your sole name passes through the estate unless it’s in a trust or held jointly.
Can I contest a will in New York? Yes, if you have standing (you’re adversely affected, usually a distributee) and a ground such as improper execution, lack of capacity, undue influence, fraud, or forgery (SCPA 1410). SCPA 1404 lets you examine the witnesses first. See will contests.
When do I need a lawyer?
Do I need an estate attorney in New York? Simple small estates (under $50,000, via SCPA Article 13) or uncontested probates with a self-proving will are sometimes handled pro se with the court’s help center. But taxable estates, will contests, kinship proceedings, real-property or co-op transfers, and any dispute warrant counsel — the Surrogate’s Court cannot give legal advice. When in doubt, a 30-minute consultation clarifies whether you need representation.
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