How Probate Works in New York: A Step-by-Step Guide to Your County’s Surrogate’s Court

Probate is the court-supervised process of validating a will, appointing an executor, paying debts and taxes, and distributing what remains — and in New York it is filed in the Surrogate’s Court of the county where the decedent was domiciled at death (SCPA 205). A typical uncontested New York probate takes roughly seven months to over a year, depending on the county’s caseload, the estate’s complexity, and whether anyone contests the will.

Because New York has no central probate court — one Surrogate’s Court per county, 62 in all — the steps are uniform statewide under the Surrogate’s Court Procedure Act (SCPA), but the courthouse, timeline, and local procedures depend on the decedent’s county. This guide walks the full path and links to your county’s Surrogate’s Court.

How long does probate take in New York?

For a straightforward estate with a valid, self-proven will and cooperative heirs, expect about 7–12 months. Add time if the will lacks a self-proving affidavit, if distributees are hard to locate, if there is real property to sell, or if anyone files objections — a contested estate can stretch to years. High-volume downstate counties generally move slower than smaller upstate counties.

Step-by-step: New York probate from filing to closing

1. Locate the original will. The court needs the original, signed will — not a copy. Search safe-deposit boxes, files, and the attorney who drafted it.
2. File the probate petition (SCPA 1402). The named executor files a petition in the Surrogate’s Court of the decedent’s county of domicile, attaching the will and the death certificate.
3. Identify and notify distributees. Everyone who would inherit under intestacy (EPTL 4-1.1) must be named and served — by waiver/consent if cooperative, or by citation (a court summons) if not.
4. The court admits the will and issues letters testamentary. Once satisfied the will is valid, the Surrogate admits it to probate and issues letters testamentary, the document proving the executor’s authority.
5. Marshal and inventory the assets. The executor collects estate assets, secures property, and values everything as of the date of death.
6. Notify creditors and pay valid debts. The executor pays funeral costs, taxes, and valid creditor claims in the priority order set by SCPA 1811, before any distribution to beneficiaries.
7. File tax returns. This includes the decedent’s final income-tax return and, if the estate exceeds the threshold, the New York estate-tax return.
8. Distribute the estate. After debts and taxes, the executor distributes the remaining assets to beneficiaries per the will.
9. Account to the beneficiaries. The executor provides an accounting — informal (by agreement) when beneficiaries consent, or a judicial accounting filed with the court when they do not.
10. Close the estate. Once the accounting is approved and receipts collected, the proceeding closes and the executor is discharged.

Definition — Letters testamentary: The court document that gives the executor legal authority to act for the estate. Banks and institutions require it before releasing assets.

Required documents checklist

• The original signed will (plus any codicils);
• A certified death certificate;
• The completed probate petition (SCPA 1402);
• A family tree / kinship affidavit identifying distributees;
• Asset information (account statements, deeds, valuations);
• Waivers and consents from distributees, or a request for citations.

New York probate filing fees (SCPA 2402)

Surrogate’s Court filing fees are graduated by the value of the estate under SCPA 2402. The structure (verify current amounts with the specific court):

Estate value	Filing fee tier (SCPA 2402 — verify current)
Less than $10,000	Lowest tier
$10,000 – $19,999	Low
$20,000 – $49,999	Moderate
$50,000 – $99,999	Higher
$100,000 – $249,999	Higher still
$250,000 – $499,999	High
$500,000 and above	Top tier (capped)

These are court filing fees only. Separate costs include attorney fees, executor commissions (see executor duties), and any required publication or appraisal.

Where to file: your county’s Surrogate’s Court

Venue is set by SCPA 205 — the Surrogate’s Court of the county where the decedent was domiciled at death. A decedent domiciled in Westchester is probated in Westchester County; one domiciled in Monroe County is probated in Rochester at the Monroe County Surrogate’s Court. If the decedent owned real property in a different county, an ancillary proceeding may be needed there. Find your court via our Surrogate’s Court guide.

Probate vs. administration

Probate applies when there is a valid will — the will is proven and an executor is appointed. Administration applies when there is no will (intestacy) — the court appoints an administrator under the priority list in SCPA 1001, and the estate passes per EPTL 4-1.1. The steps are similar, but administration begins with a petition for letters of administration rather than letters testamentary. See executor and administrator duties.

When small-estate (voluntary) administration applies

If the decedent’s personal property is under $50,000 (excluding real property and certain exempt assets), the estate may qualify for small-estate / voluntary administration under SCPA Article 13 — a simplified, lower-cost process that avoids full probate. A voluntary administrator files an affidavit, and the court issues a short-form certificate to collect and distribute the limited assets. This is the fastest path for modest New York estates.

Frequently asked questions about New York probate

Where do I file probate in New York? In the Surrogate’s Court of the county where the decedent was domiciled at death (SCPA 205) — not where they died, and not a single statewide court.

How much does probate cost in New York? Court filing fees are graduated by estate value under SCPA 2402 (verify current amounts). Add attorney fees and executor commissions (SCPA 2307). Smaller estates under $50,000 may use the cheaper SCPA Article 13 process.

Can I avoid probate in New York? Yes — assets in a funded trust, jointly held property, and beneficiary-designation accounts pass outside probate entirely.

What if there is no will? The estate goes through administration instead of probate: the court appoints an administrator (SCPA 1001) and distributes assets under the EPTL 4-1.1 intestacy rules.

Get probate handled the right way

Probate is procedural, but small missteps — a missing original will, an unnotified distributee, a misfiled petition — cause months of delay. Book a 30-minute consult with Russel Morgan to map probate in your specific county. Learn more about your county’s Surrogate’s Court, executor duties, or read the New York State estate guide.