New York Probate Guide
Everything you need to know about the probate process in New York, including costs, timelines, and requirements.
Step 1: Enter What You Know
Real estate, bank accounts, investments, personal property
Enter the address of the property in the estate
Select the state where the property is located
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How Probate Works in New York
New York probate (called 'estate administration') is handled by Surrogate's Court. The process varies significantly by county, with some courts being more efficient than others. New York has detailed statutory requirements.
Important Note for New York
New York requires extensive documentation and has specific requirements for serving citations. Attorney fees are not statutory but typically negotiated. Executor commissions are set by statute (SCPA 2307): 5% of the first $100,000, 4% of the next $200,000, 3% of the next $700,000, 2.5% of the next $4 million, and 2% above $5 million.
New York Probate Timeline
New York probate typically takes 9-15 months. New York City and surrounding counties often have longer processing times due to court volume.
Typical Probate Process
Small Estate Threshold
Estates with personal property under $50,000 (excluding real property) may qualify for Small Estate/Voluntary Administrator proceedings.
Uniform Probate Code
Not Adopted
Traditional probate rules apply
Free Probate Tools
Use these tools to help navigate the New York probate process
Probate Cost Calculator
Estimate likely probate expenses for New York including court fees, attorney fees, and more.
Timeline Estimator
See how long probate may take in New York based on your situation.
Do I Need Probate?
A simple questionnaire to help determine if probate is required.
Probate Checklist
Step-by-step guide to what needs to be done during probate.
Selling a House in New York Probate?
In most cases the estate doesn't have to wait for probate to finish before selling real estate — but the rules on executor authority, notices, and court confirmation are state-specific. Learn how probate sales work, what the house costs the estate every month it sits, and whether listing it or selling as-is for cash fits your situation. If you'd like, our team can walk you through it for free.
Looking for Another State?
We have comprehensive probate guides and fee calculators for all 50 states and D.C.
View All State GuidesThe information on this page is provided for general educational purposes only and is not legal, tax, or financial advice. Probate laws change and vary by state and by individual circumstances, and we cannot guarantee the completeness or accuracy of the information provided. For advice about your specific situation, consult a licensed attorney in your state.