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

Probate is the court process that proves a deceased person’s will is valid and authorizes the executor to administer the estate. In New York, probate is filed in the Surrogate’s Court of the county where the decedent was domiciled (SCPA 205), not where their property is located. A straightforward, uncontested New York probate typically takes 7–12 months; contested or complex estates take significantly longer. Because New York has 62 separate Surrogate’s Courts, exact timelines depend on the county.

Probate: proving a will and appointing the executor. Administration: the parallel process when there is no will (see executor & administrator duties). Letters testamentary: the court document giving the executor authority to act.

Step-by-step: how New York probate works

1. Locate the original will. The Surrogate’s Court requires the original, signed will — not a copy. A copy can be admitted only through a more difficult proceeding.
2. File the probate petition. The named executor files a petition under SCPA 1402 with the Surrogate’s Court of the decedent’s county of domicile, attaching the will and death certificate.
3. Notify distributees by citation. All distributees (those who would inherit under intestacy) must receive notice. Those who don’t sign waivers are served with a citation to appear, giving them a chance to object.
4. Surrogate admits the will and issues letters testamentary. Once the court is satisfied the will is valid under EPTL 3-2.1 and no objections succeed, it admits the will and issues letters testamentary to the executor.
5. Marshal and inventory the assets. The executor collects bank accounts, securities, real property, and personal property and prepares an inventory of estate assets.
6. Pay debts, expenses, and taxes. The executor pays valid creditor claims, funeral and administration expenses, and any New York and federal estate tax, filing returns where required.
7. Distribute to beneficiaries. After debts and taxes are satisfied, the executor distributes the remaining assets according to the will.
8. Account to beneficiaries. The executor provides an accounting — informal (by agreement) or judicial (court-supervised) — showing every receipt and disbursement.
9. Close the estate. With accounting approved and releases signed, the estate is closed and the executor is discharged.

Required documents checklist

• The original will (and any codicils).
• Certified death certificate.
• Completed probate petition (SCPA 1402).
• A family tree affidavit identifying all distributees.
• Waivers and consents, or citations served on non-consenting distributees.
• Asset and account information for the inventory.

New York probate filing fees (SCPA 2402)

New York probate filing fees are graduated by the size of the estate under SCPA 2402. The fee rises with the value of the probate estate — small estates pay a modest fee, larger estates pay more.

Estate value (probate assets)	Filing fee tier (verify current schedule)
Under $10,000	Lowest tier
$10,000 – $500,000	Intermediate, graduated tiers
$500,000 and above	Highest tier

(SCPA 2402 sets the exact dollar amounts; the schedule is updated periodically — verify the current figures with the specific county Surrogate’s Court before filing.)

Where to file: it depends on the county of domicile

You file in the Surrogate’s Court of the county where the decedent lived (SCPA 205) — Kings County for a Brooklyn resident, New York County for a Manhattan resident, Nassau or Suffolk for a Long Island resident, Erie County for a Buffalo resident, and so on across all 62 counties. You cannot choose a more convenient county. See our Surrogate’s Court guide for how venue works.

Timeline expectations

Timelines vary sharply by county caseload. High-volume downstate courts (New York, Kings, Queens) often run longer than smaller upstate counties. A clean, uncontested estate may move through in well under a year; any objection, kinship question, or estate-tax filing extends it. The single biggest delay accelerator is a self-proving affidavit on the will, which spares the executor from locating witnesses.

Probate vs. administration

If the decedent left a valid will, the estate goes through probate. If there is no will, it goes through administration, where the court appoints an administrator under the SCPA 1001 priority order and assets pass by intestacy (EPTL 4-1.1). The steps are similar, but administration starts from the family relationship rather than a written will.

When a small-estate (voluntary) proceeding applies

If the decedent’s personal property (excluding real estate that passes outside probate) is $50,000 or less, the estate may qualify for voluntary administration under SCPA Article 13 — a simplified, lower-cost process using a “voluntary administrator” instead of full probate. This is a major time-saver for modest estates.

Frequently asked questions about New York probate

How long does probate take in New York? A simple, uncontested estate usually takes 7–12 months; contested estates or those with estate-tax filings take longer, and downstate courts run slower than upstate ones.

Do all estates go through probate in New York? No. Jointly owned assets, beneficiary-designation accounts, and trust assets pass outside probate. Only solely owned probate assets require it.

Can I probate a will without a lawyer in New York? It’s legally possible for simple estates, but the petition, citations, and accounting are technical. Most executors retain counsel for anything beyond a small estate.

To guide your family’s estate through the New York Surrogate’s Court, book a 30-minute consultation with Russel Morgan.