How Probate Works in New York

File the original will and a probate petition in the Surrogate's Court; a named executor, a beneficiary, a creditor or another interested person may petition. Serve a citation on the decedent's distributees (legal heirs), the named executor, and anyone adversely affected by the will (and the State tax department for a non-resident decedent). After the will is admitted, the court issues letters testamentary. The executor gathers assets, pays debts and taxes, and distributes the estate, then accounts to the court or obtains releases.

The small-estate voluntary administration procedure (personal property of $50,000 or less) is the main simplified option. Larger estates, and estates with New York real estate, go through full probate (with a will) or administration (without a will) in the Surrogate's Court.

Creditors should present claims within 7 months from the date letters are first issued. A claim presented later can still be pursued, but the fiduciary is not liable for estate assets already paid out in good faith to other claims or to beneficiaries before the late claim arrived.

Minors, incompetent persons, and people found unfit (for example, for dishonesty or substance abuse) cannot serve. A non-U.S.-citizen who lives outside New York cannot serve unless serving with a New York-resident co-fiduciary (or as a foreign guardian). The court may also refuse someone who cannot read and write English or who has a felony conviction for a crime that could harm the estate. A U.S. citizen living in another state may serve. An executor generally does not have to post a bond unless the will requires one or the law requires it (for example, in some cases for non-domiciliaries); the court may require a bond on objection.

New York uses 'voluntary administration' in the Surrogate's Court for small estates: available when the decedent left personal property worth $50,000 or less (not counting property set aside for the family under EPTL 5-3.1). It does not apply to real estate in New York. The surviving spouse has first priority to act as voluntary administrator, then the next adult distributee; if there is a will, the named executor has first right once the will is filed. The statute sets no waiting period after death.

Estates and the affairs of deceased persons are handled by the Surrogate's Court in each county, which has full general jurisdiction over all matters relating to estates and decedents' affairs. Contact the Surrogate's Court in the county where the estate was handled.