How Probate Works in New York: Step-by-Step (SCPA)

Probate is the court process that proves a will is valid, appoints the executor, and authorizes them to settle the estate. In New York, probate runs through the Surrogate’s Court of the county where the decedent was domiciled (SCPA 205), beginning with a petition under SCPA 1402. A straightforward New York probate typically takes 7 to 12 months; contested or complex estates take considerably longer. Because “New York” can mean any of 62 counties, the exact court depends on the decedent’s domicile.

Definition — Probate: the proceeding that admits a will and issues letters testamentary. Definition — Letters Testamentary: the court document proving the executor’s authority to act.

How long does probate take in New York?

For an uncontested estate with a clean will and cooperative heirs, expect roughly 7-12 months. Busy urban courts and any will contest, kinship question, or tax issue can extend that to 18 months or more. Trust assets and beneficiary-designated accounts skip this process entirely — see our New York trusts guide.

Step-by-step: how New York probate works

1. Locate the original will. A copy is rarely enough; the Surrogate’s Court wants the signed original.
2. File the probate petition (SCPA 1402). The named executor files the petition, the will, and a certified death certificate with the proper county’s Surrogate’s Court.
3. Notify distributees by citation. Anyone who would inherit under intestacy (EPTL 4-1.1) must be served with a citation and given the chance to object.
4. Resolve objections, if any. If no one objects, the court admits the will. If there are objections, the matter becomes contested.
5. Receive letters testamentary. The court issues letters confirming the executor’s authority.
6. Marshal and inventory assets. The executor identifies, secures, and values all estate property.
7. Pay debts, expenses, and taxes. Creditors are paid in statutory priority; final income and any estate taxes are filed.
8. Distribute to beneficiaries. Remaining assets pass under the will’s terms.
9. Account and close. The executor provides an informal or judicial accounting and the estate is closed.

For the executor’s full duties and liabilities, see our executor duties guide.

Required documents checklist

• Original signed will (with any codicils)
• Certified death certificate
• Probate petition (SCPA 1402)
• Affidavit of family tree / next of kin
• Self-proving affidavit or witness affidavits
• Asset and debt schedules

New York probate filing fees (SCPA 2402)

Filing fees are graduated by the estate’s value under SCPA 2402:

Estate value	Filing fee (approx.)
Under $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

Fee tiers are set by statute; confirm current amounts with the specific Surrogate’s Court before filing.

Where to file in New York

You file in the Surrogate’s Court of the decedent’s county of domicile (SCPA 205-206). For a New York County (Manhattan) resident, that is the New York County Surrogate’s Court, 31 Chambers Street, New York, NY 10007. A Brooklyn resident files in Kings County; a Queens resident in Queens County; a Long Island resident in Nassau or Suffolk. Learn more about the New York County Surrogate’s Court and the differences in our full New York estate guide.

Probate vs. administration

A will means probate; no will means administration. When there is a valid will, the named executor probates it. When someone dies intestate, a relative petitions to become administrator and the estate is distributed under EPTL 4-1.1.

Small estates: voluntary administration (SCPA Article 13)

If the decedent’s personal property is under $50,000 (excluding real estate that passes outside probate), the estate may qualify for voluntary administration under SCPA Article 13 — a simplified, lower-cost process that avoids full probate. It’s a meaningful shortcut for modest estates with no real property to transfer.

Frequently asked questions

Do all New York estates go through probate? No. Assets in a funded trust, jointly owned property, and beneficiary-designated accounts pass outside probate. Only solely owned probate assets require it.

Where do I file probate if the decedent lived in New York City? In the Surrogate’s Court of the borough where they were domiciled — Manhattan, Brooklyn, Queens, the Bronx, or Staten Island — not in one central court.

Can I avoid probate in New York? Yes — primarily through a funded revocable living trust and beneficiary designations. A will does not avoid probate; it directs it.

Get probate done efficiently

A clean filing avoids months of delay. Book a 30-minute consultation with Russel Morgan.