If you have just lost a loved one in New York City, the word “probate” can feel intimidating. This Q&A strips away the jargon and explains what probate actually is under New York law, and why it matters for families in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.
What does “probate” really mean?
Probate is simply the court-supervised process of proving that a will is valid and giving the named executor legal authority to settle the estate. In New York, this happens in Surrogate’s Court, which has a separate branch in each of the five boroughs. The court confirms the will meets the requirements of EPTL § 3-2.1 (signed by the person making the will and witnessed by two people), then issues “letters testamentary” that let the executor collect assets, pay debts, and distribute what remains.
What happens if there is no will?
When someone dies without a valid will, there is nothing to “probate” in the strict sense. Instead the estate goes through administration under New York’s intestacy rules in EPTL Article 4. Those rules decide who inherits, generally a surviving spouse and children first, in fixed shares set by statute, not by what anyone assumed the deceased wanted. The same borough Surrogate’s Court handles it, but it appoints an “administrator” rather than an executor.
Do all assets go through probate?
No, and this surprises many NYC families. Several common assets pass outside probate entirely:
- A co-op or condo owned as joint tenants with right of survivorship passes automatically to the surviving owner.
- Retirement accounts and life insurance with named beneficiaries go directly to those people.
- Bank accounts with a payable-on-death designation skip the court.
- Assets held in a revocable living trust under EPTL Article 7 avoid probate by design.
Only assets titled in the deceased person’s name alone, with no beneficiary, typically require Surrogate’s Court.
Does a trust save on taxes too?
This is a frequent point of confusion. A revocable living trust avoids probate but provides no estate tax savings, because you still control the assets. To address taxes or Medicaid planning, families use an irrevocable trust, which can remove assets from your taxable estate but triggers the five-year look-back for Medicaid eligibility. A supplemental needs trust under EPTL § 7-1.12 is a specialized tool for a disabled beneficiary. New York’s own estate tax matters here too: for 2026 the exclusion is $7,350,000, but watch the “cliff” at $7,717,500, above which the entire estate becomes taxable, not just the excess.
Is probate always slow and expensive?
Not necessarily. Many NYC estates are straightforward, especially when the will is clear, heirs agree, and assets are simple. Costs are tied largely to estate value through the court filing fee. The process tends to drag only when heirs cannot be located, someone contests the will, or the estate holds hard-to-value property like a family business or multiple rental units across the boroughs.
What should I do first?
Locate the original will, gather a death certificate, and make a list of assets and how each is titled. That titling determines how much actually has to go through Surrogate’s Court at all.
Talk to a New York attorney
Every estate is different, and the borough-specific procedures of New York’s Surrogate’s Courts reward local experience. Before you file anything, consult a New York probate attorney who can review your specific situation and the exact assets involved. This article is general information, not legal advice.
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