How Does Probate Work in New York? Step-by-Step Surrogate’s Court Guide

Probate is the court process of proving a will is valid and authorizing an executor to settle the estate. In New York it is handled by the Surrogate’s Court of the decedent’s county of domicile (SCPA 205), not by any central state court. A typical New York probate runs about 7 to 12 months, longer if the estate is large, contested, or filed in a high-volume county. The petition is filed under SCPA 1402 and fees are graduated by estate value under SCPA 2402.

Probate at a glance

Because venue follows domicile, the same steps play out in 62 different courthouses — the New York County Surrogate’s Court at 31 Chambers Street for a Manhattan decedent, Kings County in Brooklyn for a Brooklyn decedent, and so on. The procedure is statewide; the courthouse is local.

Step-by-step: how New York probate works

1. Locate the original will. A copy is not enough; the court needs the original. If none exists, the estate is administered intestate (see below).
2. File the probate petition (SCPA 1402) in the decedent’s county Surrogate’s Court, naming the executor and all distributees.
3. Notify distributees / issue citation. Heirs who would inherit under EPTL 4-1.1 must consent (a “waiver and consent”) or be served with a citation to appear.
4. Court issues Letters Testamentary. This document is the executor’s legal authority to act.
5. Marshal and inventory assets. The executor collects accounts, secures property, and values the estate.
6. Notify creditors and pay debts and taxes — including any New York estate tax, within the creditor claim window.
7. Distribute to beneficiaries per the will once debts and taxes are cleared.
8. Account to the beneficiaries. This can be an informal accounting (with releases) or a formal judicial accounting if disputes exist.
9. Close the estate once all distributions and accountings are complete.

Letters Testamentary — the court document that empowers the named executor to collect assets, pay debts, and distribute a probated estate.

Required documents checklist

• Original will (and any codicils)
• Certified death certificate
• Probate petition (SCPA 1402)
• Family tree / kinship affidavit identifying distributees
• Waivers and consents, or addresses for citation service
• Asset list with date-of-death values

Filing fees (SCPA 2402)

New York Surrogate’s Court filing fees are graduated by the value of the estate under SCPA 2402. The structure is statewide; representative tiers:

Estate value	Filing fee (approx. — verify current)
Under $10,000	$45
$10,000–$19,999	$75
$20,000–$49,999	$215
$50,000–$99,999	$280
$100,000–$249,999	$420
$250,000–$499,999	$625
$500,000 and over	$1,250

Confirm the current schedule with the court; amounts are set by statute and occasionally updated.

Where to file

File in the Surrogate’s Court of the county where the decedent was domiciled at death (SCPA 205–206). For a Manhattan resident that is the New York County Surrogate’s Court, 31 Chambers Street, New York, NY 10007. All five NYC boroughs and both Long Island counties (Nassau, Suffolk) use NYSCEF e-filing. See the Surrogate’s Court page.

Timeline expectations

High-volume downstate courts (New York, Kings, Queens) move slower than smaller upstate counties. Uncontested estates with cooperative heirs are fastest; missing heirs, will contests, or estate-tax filings add months. Build in extra time if your matter lands in a busy New York City borough court.

Probate vs. administration

Probate applies when there is a will. Administration applies when there is none — the court appoints an administrator (per SCPA 1001 priority) to distribute under intestacy (EPTL 4-1.1). The steps are similar, but the authority document is Letters of Administration, not Letters Testamentary.

Small estates: voluntary administration (SCPA Article 13)

If the decedent’s personal property is under $50,000 (excluding real property that passes by operation of law), the estate may qualify for voluntary (small-estate) administration under SCPA Article 13 — a simplified, lower-cost process that avoids full probate. It’s a major time-saver for modest estates.

FAQ

How long does probate take in New York? Typically 7–12 months for an uncontested estate; high-volume city courts and any contest extend that. A small estate under SCPA Article 13 can resolve in weeks.

Do all assets go through probate? No. Jointly owned property, beneficiary-designation accounts, and trust assets pass outside probate. See wills and trusts.

Can I avoid probate in New York? Yes — primarily through a funded revocable trust, joint ownership, and beneficiary designations. See trusts in New York.

What if there’s no will? The estate goes through administration under SCPA 1001, distributed per EPTL 4-1.1. See executor duties.

Next step

To map the probate steps for your county’s Surrogate’s Court, book a 30-minute consultation with Russel Morgan.