New York probate runs on a set of filings and deadlines that start the moment letters are issued. This guide walks you through each step with the actual statute citation and the current small estate threshold.
We’re not yet live in New York — the guide below is still accurate, and you can join the waitlist to be the first to know when a New York-licensed attorney is available.
New York recognizes 1 path. The right one depends on the will, the value of the estate, and whether all beneficiaries agree.
Full court supervision through Surrogate's Court. All probate matters require court approval. NY Surrogate's Court Procedure Act (SCPA) establishes mandatory court supervision for all probate proceedings.
These are the filings ordered the way they actually happen in a typical New York estate. Each deadline is keyed to the triggering event — death, letters issued, first publication — and tied to the statute.
File petition for probate of will or administration of estate with Surrogate's Court in county where decedent was domiciled
Surrogate's Court issues citation requiring notice to all distributees and interested parties. Service by personal delivery (10 days) or by mail (30 days).
Court hearing before Surrogate. Will is examined, witnesses may testify. Court determines validity and admits will to probate (or intestacy if no valid will).
Upon will admission, Surrogate issues Letters Testamentary (named executor) or Letters of Administration (intestate or no named executor). Letters are critical authorization document.
Inventory is NOT automatically required. Filed upon court order or written request by interested party. Lists all known assets with values.
Notice of probate is given to creditors (no mandatory publication in NY). Creditors may file claims. Personal representative examines and allows/rejects claims per SCPA §1803.
Personal representative files complete accounting of estate receipts, disbursements, and proposed distributions for court review and settlement.
Surrogate reviews accounting. Beneficiaries/distributees may object. Upon settlement (with or without objections), Surrogate approves the accounting.
Surrogate issues Decree of Distribution approving the accounting and directing distribution of assets per will or intestacy law.
After Decree of Distribution issued and distributions completed, file notice of closing with Surrogate's Court.
After the personal representative is appointed, a notice to creditors must be published not required by statute for 0 weeks. Creditors then have a limited window to file claims; claims filed after the deadline are generally barred.
Direct mailing is also required to All known creditors (direct notice where known), Interested parties may request notice.
If the gross estate is small enough, New York allows a simplified path that skips most of the formal probate machinery. Faster, cheaper, and — done right — every bit as final.
Most states don’t charge a separate state-level death tax — but New York does. Here’s what applies in addition to the federal estate tax (currently $13,990,000 exemption).
Return: Form ET-706 (NY Estate Tax Return) · Deadline: 9 months from death
Probate is filed in the county where the decedent lived at the time of death. A sample of active New York courts:
Most New York estates close in 10–16 months. The floor is set by the creditor claim period (later of 0 months from first publication or 7 months from mailed notice.) plus the time to file inventory, settle debts, and prepare the final accounting. Estates with real property sales, tax returns, or disputes run longer.
Yes. If the gross estate is $50,000 or less (excluding real property) and at least 30 days have passed since the date of death, you can generally use a small estate affidavit or collection procedure instead of full probate. Citation: SCPA §1301 (Voluntary Administration).
New York recognizes supervised administration. supervised — Full court supervision through Surrogate's Court. All probate matters require court approval. NY Surrogate's Court Procedure Act (SCPA) establishes mandatory court supervision for all probate proceedings.
After the personal representative is appointed, a notice to creditors must be published not required by statute in a qualifying newspaper for 0 weeks. Creditors then have later of 0 months from first publication or 7 months from mailed notice. Claims filed after the deadline are barred. Citation: EPTL §3-3.4, SCPA §1803.
New York law doesn't strictly require an attorney, but most personal representatives retain one. Court rules, creditor notice requirements, tax returns, and fiduciary accounting obligations create personal liability for the personal representative if they're done incorrectly. A flat-fee attorney through Closewell handles filings, statutory notices, inventory, and accounting with fixed pricing and no hourly billing.
Court filing fees in New York typically run $200–$500, plus publication costs of $100–$300 for the creditor notice. Attorney fees are the biggest variable — traditional hourly counsel on a routine estate often bills $5,000–$15,000, while flat-fee services like Closewell price the same work from $1,400–$4,500 depending on complexity. Bond premiums, appraisals, and tax preparation are additional.
Closewell launches state by state so every matter is handled by a licensed attorney in your jurisdiction. Drop your email and we’ll tell you the day a New York-licensed attorney is available.