Probate in New York City is administered by one of five borough Surrogate’s Courts, chosen by the decedent’s county of domicile under SCPA 205, and shaped by the city’s co-op and condo estates. These answers cover the questions New Yorkers ask most — process, cost, courts, and documents — each written to stand on its own. For deeper treatment, follow the links to our pillar guides.
Process questions
How long does probate take in New York City? An uncontested NYC estate typically takes 7 to 12 months. Co-op transfers, will contests, and the heavier caseloads in Kings and Queens counties extend that. A small estate under SCPA Article 13 can finish much faster.
Where do I file probate in NYC? You file in the Surrogate’s Court of the borough where the decedent was domiciled — Manhattan at 31 Chambers Street, Brooklyn at 2 Johnson Street, and the corresponding courts in Queens, the Bronx, and Staten Island. Venue follows domicile under SCPA 205, not where property is located.
Can I choose which borough to file in? No. The decedent’s borough of domicile fixes venue under SCPA 205-206. A Queens resident’s estate must be filed in Queens County Surrogate’s Court even if their most valuable asset is a Manhattan co-op.
What is the difference between probate and administration? Probate applies when there is a valid will; the court issues letters testamentary. Administration applies when there is no will; the estate passes by intestacy under EPTL 4-1.1 and the court issues letters of administration. See our executor duties guide.
Document and legal questions
What documents do I need to start probate? The original signed will, a certified death certificate, a completed SCPA 1402 probate petition, and a family tree affidavit identifying distributees. You also need the names and addresses of all beneficiaries and heirs.
What makes a will valid in New York? Under EPTL 3-2.1, the testator must sign at the end of the will in the presence of two witnesses, declare it to be their will, and the witnesses must sign within 30 days. See our wills guide.
What happens if there is no will? The estate passes by intestacy under EPTL 4-1.1: a spouse with no children takes everything; a spouse with children takes the first $50,000 plus half, and children split the rest. The court appoints an administrator under SCPA 1001.
Can a will be contested in NYC? Yes — a distributee or adversely affected party can contest under SCPA 1410 on grounds of improper execution, lack of capacity, undue influence, fraud, duress, or forgery. See contested estates.
Cost and fee questions
How much does it cost to file probate in NYC? The Surrogate’s Court filing fee is graduated by estate value under SCPA 2402 — roughly $45 for the smallest estates up to about $1,250 for estates of $500,000 or more. Attorney fees are separate. Verify current figures with the court.
How much does an executor get paid? Executor commissions are set by SCPA 2307: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4 million, and 2% above $5 million. Commissions are taxable income.
Does a small estate avoid full probate? Yes. If the decedent’s personal property is $50,000 or less, the estate may qualify for voluntary administration under SCPA Article 13 — a faster, cheaper process. Note a NYC co-op often exceeds this ceiling.
Local NYC questions
How is a co-op handled in NYC probate? A co-op is personal property — shares in a corporation plus a proprietary lease — not real estate. The executor transfers it by working through the co-op’s managing agent and board after receiving letters testamentary, which often takes months.
Why does my borough’s court matter so much? Each of the five NYC Surrogate’s Courts has its own clerk’s office, calendar, and caseload. Kings and Queens are among the busiest in the state, so timelines there run longer than in Richmond (Staten Island). See the five courts guide.
Are NYC Surrogate’s Courts on electronic filing? Yes. All five boroughs — New York, Kings, Queens, Bronx, and Richmond — participate in NYSCEF e-filing.
Does New York have transfer-on-death deeds for apartments? No. New York does not recognize TOD deeds for real property, so a co-op or condo in the decedent’s sole name passes through the estate unless it was placed in a funded trust.
When do I need a lawyer?
Do I need an attorney to probate an estate in NYC? Not legally, but most executors retain one. The petition, citations, creditor handling, and especially co-op board transfers are technical, and any objection turns probate into litigation. A simple small estate may be handled pro se through a court Help Center.
Still have questions?
Book a 30-minute consultation with Russel Morgan to get answers specific to your borough and estate.