Probate in New York City is the court process of proving a deceased person’s will and authorizing an executor to settle the estate, handled by the Surrogate’s Court of the borough where the decedent was domiciled. It begins with filing a probate petition under SCPA 1402 and ends when the executor distributes assets and closes the estate. For an uncontested NYC estate, expect roughly 7 to 12 months; co-op transfers, will contests, or high-volume borough calendars push that longer.
How long does probate take in NYC?
A clean, uncontested estate with a self-proving will and cooperative beneficiaries can move through in 7 to 12 months. The variables that stretch it are specific to New York City: a co-op board’s transfer approval can add weeks or months, the busier boroughs (Queens, Kings) carry heavier calendars, and any objection triggers SCPA 1404 examinations that can add a year or more.
The step-by-step probate process
- Locate the original will and the death certificate. The court requires the original signed will, not a copy. Determine the decedent’s borough of domicile — this sets which court has venue under SCPA 205.
- File the probate petition (SCPA 1402) in that borough’s Surrogate’s Court. The petition names the proposed executor, the distributees, and the estate’s approximate value.
- Issue citations to distributees. Anyone who would inherit if the will were invalid must be notified and given a chance to object. Those who consent sign a waiver and consent.
- Court reviews and admits the will to probate. If the will is properly executed and unchallenged, the Surrogate admits it.
- Letters testamentary issue. This is the court order that legally empowers the executor to act on the estate’s behalf — banks, co-op boards, and brokerages require it.
- Marshal and inventory the assets. The executor collects bank accounts, brokerage accounts, co-op shares, condo units, and personal property, and prepares an inventory.
- Notify creditors and pay debts and taxes. Valid creditor claims are paid in statutory priority; the executor files any final income, estate, and fiduciary tax returns.
- Distribute to beneficiaries. Once debts and taxes are cleared, the executor transfers assets per the will — including arranging co-op share reissuance or condo deed transfer.
- Account to the court. The executor closes with either an informal accounting (beneficiaries sign releases) or a formal judicial accounting if anyone disputes.
- Close the estate. With releases or a decree, the fiduciary’s duties end.
Required documents checklist
- Original signed will (and any codicils)
- Certified death certificate
- Completed probate petition (SCPA 1402)
- Family tree / affidavit of heirship identifying distributees
- Names and addresses of all distributees and beneficiaries
- Preliminary asset list with approximate values
Filing fees by estate value (SCPA 2402)
The Surrogate’s Court filing fee is graduated by the size of the estate. These figures are statutory but confirm current amounts before filing.
| Estate value | Filing fee |
|---|---|
| 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 |
(Fee schedule per SCPA 2402; verify current figures with the court.)
Where to file in NYC
Venue follows the decedent’s borough of domicile. You file at:
- New York County (Manhattan) — 31 Chambers Street, New York, NY 10007
- Kings County (Brooklyn) — 2 Johnson Street, Brooklyn, NY 11201
- Queens County — Queens Surrogate’s Court, Jamaica
- Bronx County — Bronx Surrogate’s Court
- Richmond County (Staten Island) — Richmond Surrogate’s Court
All five accept NYSCEF e-filing. See our five NYC Surrogate’s Courts guide for full details.
Probate vs. administration
Probate applies when there is a valid will. Administration applies when there is no will — the estate passes by intestacy under EPTL 4-1.1, and the court issues letters of administration instead of letters testamentary. The mechanics are similar, but the priority of who serves and who inherits is set by statute rather than the decedent’s wishes. See executor and administrator duties.
When a small estate qualifies (SCPA Article 13)
If the decedent’s personal property (excluding real estate that passes outside the estate) is $50,000 or less, the estate may qualify for voluntary administration — a streamlined small-estate procedure under SCPA Article 13. This skips full probate and is far faster and cheaper. Note that a NYC co-op, valued as personal property, can quickly exceed the $50,000 ceiling, so many city estates do not qualify.
Frequently asked questions
Do I need a lawyer to probate an estate in NYC? Not legally, but in practice most executors retain one. The petition, citations, and co-op transfer mechanics are technical, and any objection turns the matter into litigation.
What if the original will is lost? A lost will can sometimes be probated, but it requires proving the will’s contents and that it was not revoked — a much harder showing.
Can probate be avoided entirely? Yes — assets in a funded revocable trust, jointly owned property, and beneficiary-designation accounts pass outside probate.
Plan your next step
To understand exactly how your borough’s court will handle the estate, book a 30-minute consultation with Russel Morgan.