New York probate is county-based: each estate is settled in the Surrogate’s Court of the decedent’s domicile county (SCPA 205-206), under the statewide EPTL and SCPA. These answers cover the questions New Yorkers ask most about which court applies, what probate costs and takes, what happens without a will, and when you need an attorney. Each answer is self-contained and grounded in the governing statute. For deeper detail, follow the links to the relevant guide.
Process and court questions
Which Surrogate’s Court do I file in? File in the Surrogate’s Court of the county where the decedent was domiciled at death (SCPA 205-206) — not where they died or owned property. New York has 62 such courts, one per county. See the Surrogate’s Court overview.
How long does probate take in New York? An uncontested estate where distributees cooperate often takes 7 to 18 months. Smaller upstate counties move faster; busy downstate courts run longer; a will contest can add years. See the probate process.
Is there one statewide New York probate court? No. New York has no centralized probate court — there are 62 county Surrogate’s Courts, and venue follows the decedent’s domicile under SCPA 205-206. Filing in the wrong county gets the petition rejected.
Do I have to go through probate at all? Not always. Assets in a funded trust, jointly owned property, and beneficiary-designation accounts pass outside probate, and estates under $50,000 may use SCPA Article 13 voluntary administration.
Document and legal questions
What makes a will valid in New York? Under EPTL 3-2.1, the will must be in writing, signed at the end by the testator, and witnessed by two people who sign within 30 days. Notarization is not required for validity. See wills.
What happens if I die without a will in New York? You die intestate, and your property passes under EPTL 4-1.1 — to a spouse and/or children in fixed shares, then to more distant relatives. A court appoints an administrator under SCPA 1001 priority.
What is the difference between an executor and an administrator? An executor is named in a will and receives letters testamentary; an administrator is appointed when there is no will (SCPA 1001 priority) and receives letters of administration. Both are paid under SCPA 2307. See executor duties.
Can I contest a will in New York? Only if you have standing — a distributee or party adversely affected (SCPA 1410) — and a valid ground such as undue influence, lack of capacity, fraud, or improper execution. See contested estates.
Cost and fee questions
How much does it cost to file probate in New York? Surrogate’s Court filing fees are graduated by estate value under SCPA 2402, from $45 for estates under $10,000 up to $1,250 for estates of $500,000 or more. Attorney’s fees and executor commissions are separate.
How much is an executor paid in New York? By the SCPA 2307 schedule: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% to $5 million, and 2% above that. Commissions are taxable income.
Does New York have an estate tax? Yes, separate from the federal tax (NY Tax Law Art. 26). It has a 105% “cliff” — exceeding 105% of the exemption taxes the entire estate, not just the excess. New York has no inheritance or gift tax. See estate taxes.
Local-specific questions
My parent owned property in two New York counties — where do I probate? In the county of their domicile (permanent home). The out-of-county property is administered through that single estate, not a second filing. See the statewide estate guide.
Can I e-file my probate in New York? In most counties, yes, through NYSCEF — but availability varies by county and case type. Verify the current status for your specific Surrogate’s Court.
What if my relative was a New York resident but died out of state? They are still probated in their New York domicile county; any out-of-state real property may require an ancillary proceeding in that state, coordinated with the New York estate.
Is there a small-estate shortcut in New York? Yes. If the decedent’s personal property is under $50,000, the family can use SCPA Article 13 voluntary administration — a faster, cheaper process available in every county.
When do I need a lawyer?
Do I need a lawyer for New York probate? Not legally — a simple small estate can proceed pro se through the Help Center. But once there are citations to serve, missing or unknown heirs, a taxable estate, a co-op transfer, or any dispute, the SCPA’s procedures and accountings make counsel advisable. The cost of a fiduciary mistake usually exceeds the cost of representation.
Still have questions?
Book a 30-minute consultation with Russel Morgan of Morgan Legal Group. This page is informational and does not create an attorney-client relationship.
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