How Probate Works in New York: Step-by-Step Through the Surrogate’s Court

Probate is the New York court process that proves a will is valid and authorizes the executor to administer the estate. It runs through the Surrogate’s Court of the county where the decedent was domiciled (SCPA 205), under the procedural rules of the Surrogate’s Court Procedure Act (SCPA). A typical uncontested New York estate takes roughly 7 to 18 months — faster in smaller counties, longer in high-volume downstate courts. The path below is the same statewide; only the courthouse, fees, and calendar speed change.

If there is no will, the estate is not “probated” — it is an administration, covered at the end of this page and in executor and administrator duties.

Step-by-step: New York probate

1. Locate the original will and the death certificate. The Surrogate’s Court requires the original signed will, not a copy. Order several certified death certificates.
2. Identify the county of domicile and the right court. Venue follows the decedent’s domicile under SCPA 205. File in that county’s Surrogate’s Court — not where they died or owned a vacation home.
3. File the probate petition (SCPA 1402). The named executor petitions to admit the will and be appointed. The petition lists the distributees, the assets’ approximate value, and the witnesses.
4. Notify the distributees. Distributees (those who would inherit under intestacy, EPTL 4-1.1) must either sign waivers and consents or be served with a citation to appear. This is the most common source of delay.
5. The court admits the will and issues letters testamentary. Letters testamentary are the court’s order empowering the executor to act for the estate. Banks and transfer agents require them.
6. Marshal and inventory the assets. The executor collects accounts, secures real property, and values the estate as of the date of death.
7. Pay debts, expenses, and taxes. Creditors are paid in statutory priority (SCPA 1802 claim period), and any New York or federal estate tax return is filed.
8. Account to the beneficiaries. The executor prepares an accounting — informal (beneficiaries sign receipts and releases) or judicial (filed with and approved by the court) if anyone objects.
9. Distribute the estate to the beneficiaries named in the will per the accounting.
10. Close the estate. Once distributions are made and releases obtained, the executor’s duties end.

Letters testamentary. The Surrogate’s Court document that authorizes a named executor to act. For an intestate estate, the equivalent is letters of administration.

Required documents checklist

• Original signed will (and any codicils)
• Certified death certificate
• Probate petition (SCPA 1402)
• Notice of probate / waivers and consents, or citations for distributees who won’t sign
• Family tree / affidavit of heirship identifying all distributees
• Witness affidavits or a self-proving affidavit
• Asset list with date-of-death values

New York filing fees (SCPA 2402)

Surrogate’s Court filing fees are graduated by the size of the estate under SCPA 2402. The schedule is the same in every county:

Estate value	Filing fee (SCPA 2402)
Less than $10,000	$45
$10,000 to under $20,000	$75
$20,000 to under $50,000	$215
$50,000 to under $100,000	$280
$100,000 to under $250,000	$420
$250,000 to under $500,000	$625
$500,000 and over	$1,250

Fees are set by statute statewide; verify the current SCPA 2402 schedule, as figures can be amended.

Where to file

There is no central New York probate court. File in the Surrogate’s Court of the decedent’s domicile county — one of 62. A Buffalo resident files in Erie County; an Ithaca resident in Tompkins County; a Manhattan resident in New York County. All counties operate under the same SCPA, but each runs its own clerk’s office and, in most counties, NYSCEF e-filing. See the Surrogate’s Court overview and the statewide estate guide for county-by-county detail.

How long does probate take?

Timelines depend heavily on the county’s caseload and on whether distributees cooperate. A clean estate where everyone signs waivers can produce letters in a couple of months upstate; a downstate county with a backlog, or an estate requiring citations and service, can stretch past a year. Will contests reset the clock entirely — see contested estates.

Probate vs. administration

Administration. When there is no will, the estate is opened as an administration. A petitioner with priority under SCPA 1001 (usually the surviving spouse, then children) seeks letters of administration, and assets pass under intestacy (EPTL 4-1.1) rather than a will.

The mechanics overlap heavily, but administration has no will to prove and distributes by statute. See executor and administrator duties.

Small estates: SCPA Article 13 voluntary administration

If the decedent’s personal property (excluding real estate that passes outside the estate) is under $50,000, the family can often skip full probate using SCPA Article 13 voluntary administration — a streamlined, low-cost process handled by a “voluntary administrator.” This is a major time-saver for modest New York estates and is available in every county.

Frequently asked questions

Do all New York estates have to go through probate? No. Assets in a funded trust, jointly owned property, and beneficiary-designation accounts pass outside probate. Small estates under $50,000 use SCPA Article 13.

Can I file probate without a lawyer in New York? You can, but the Surrogate’s Court system, citations, and accountings are technical. Most executors retain counsel, especially in busy counties or contested estates.

What does probate cost in New York? Court filing fees follow the SCPA 2402 schedule above (up to $1,250). Attorney’s fees and executor commissions (SCPA 2307) are separate.

How do I find the right Surrogate’s Court? Use the decedent’s county of domicile at death (SCPA 205). See our court overview.

Get help opening a New York estate

To open or administer an estate in any New York county, book a 30-minute consultation with Russel Morgan of Morgan Legal Group. This guide is informational and does not create an attorney-client relationship.