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In This Article

What Is Probate in New York? When Is Probate Required in New York? What Are Letters Testamentary in New York? The Probate Process in New York: Step by Step How Long Does Probate Take in New York? How Much Does Probate Cost in New York?

Reviewed by Kent Gross, Esq. — 40+ years handling elder law, estate planning, and guardianship matters in New York.

You’ve just lost a loved one. Between grief, funeral arrangements, and family decisions, you’re overwhelmed. And now there’s this thing called “probate” that everyone’s talking about, and you’re not sure what it means or whether you need a lawyer for it.

The short answer: if the person who died owned property in New York and left a will, probate is almost certainly involved. And New York’s probate system is handled by a dedicated court — Surrogate’s Court — with its own rules, forms, and procedures that are different from anything you’ve encountered in regular courts.

Here’s what New York families need to know about probate — from the process and timeline to the costs and when hiring a lawyer makes sense.

What Is Probate in New York?

Probate is the legal process of proving that a deceased person’s will is valid, settling their debts, and distributing their assets to the rightful heirs. In New York State, as of 2026, probate is handled by the Surrogate’s Court in the county where the deceased person lived.

The word “probate” comes from the Latin word for “to prove.” That’s exactly what the court does: it verifies that the will is authentic, that it was properly executed under New York law, and that the person named as executor has the authority to manage the estate.

Probate serves several purposes:

The will is officially recognized as the deceased person’s final wishes
The executor receives legal authority to act on behalf of the estate (through Letters Testamentary)
Creditors are given a chance to file claims against the estate
Debts, taxes, and expenses are paid from estate assets
Remaining assets are distributed to beneficiaries as directed by the will

When Is Probate Required in New York?

Not every death requires probate. Whether probate is needed depends on what assets the deceased person owned and how those assets were titled.

Probate IS usually required if the deceased person:

Owned real property (a house, condo, or land) in their name alone
Had bank accounts, investments, or other financial assets solely in their name with no beneficiary designation
Owned a business or business interest
Had personal property (vehicles, art, valuables) that needs to be formally transferred

Probate is NOT usually required for:

Assets held in a trust (revocable or irrevocable)
Jointly owned property with right of survivorship
Bank or investment accounts with named beneficiaries or payable-on-death (POD) designations
Life insurance proceeds with a named beneficiary
Retirement accounts (IRAs, 401(k)s) with a named beneficiary

Small estates: Under New York law (SCPA Article 13), if the deceased person’s personal property is valued at $50,000 or less (not counting certain exempt property), the estate may qualify for a simplified “voluntary administration” process instead of full probate. This is faster, cheaper, and does not require an attorney — though one can still be helpful.

What Are Letters Testamentary in New York?

Letters Testamentary are the official court document that gives the executor legal authority to act on behalf of the deceased person’s estate. In New York, this document is issued by the Surrogate’s Court after the will has been admitted to probate.

Without Letters Testamentary, the executor cannot:

Access the deceased person’s bank accounts
Sell or transfer real property
File tax returns on behalf of the estate
Pay debts or distribute assets to beneficiaries
Deal with insurance companies, financial institutions, or government agencies on estate matters

If there is no will (intestate), the court issues Letters of Administration instead, which serve the same purpose but are granted to an administrator rather than an executor.

Letters Testamentary are one of the most commonly requested documents during estate settlement. Banks, title companies, and financial institutions all require certified copies before they will release assets. Order multiple certified copies when the court issues them — you’ll need them.

Not sure where to start? Talk to an attorney who handles these situations every day.

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The Probate Process in New York: Step by Step

Here’s what the probate process looks like in New York Surrogate’s Court:

File the original will, a certified death certificate, and a probate petition with the Surrogate’s Court in the county where the deceased person lived
Serve citations on all distributees (people who would inherit under New York’s intestacy laws, even if the will names different beneficiaries). This gives them notice and the opportunity to object.
If no one objects, the court reviews the will and supporting documents. The Surrogate must be satisfied the will was properly executed and the testator had capacity.
The court admits the will to probate and issues Letters Testamentary to the named executor
The executor marshals estate assets — gathering bank statements, property appraisals, investment accounts, and other documentation
The executor pays debts, expenses, and taxes from estate assets. Creditors typically have seven months to file claims.
The executor files a final accounting with the court (or obtains releases from beneficiaries) and distributes remaining assets according to the will

If someone objects to the will (a “will contest”), the process becomes significantly more complex and expensive, potentially involving depositions, expert testimony, and a trial before the Surrogate.

How Long Does Probate Take in New York?

For uncontested estates, probate in New York typically takes 9 to 18 months from filing to final distribution. Complex or contested estates can take two years or more.

The timeline breaks down roughly as follows:

Filing and citation service: 1–3 months
Court review and issuance of Letters Testamentary: 1–3 months (varies significantly by county — Manhattan and Brooklyn tend to have longer backlogs)
Creditor claims period: 7 months from issuance of Letters
Estate administration (paying debts, filing tax returns, gathering assets): ongoing throughout
Final accounting and distribution: 1–3 months after creditor period closes

Factors that extend the timeline: contested wills, real property in multiple counties, missing beneficiaries, estate tax audits, and executor disagreements with beneficiaries.

How Much Does Probate Cost in New York?

Probate costs in New York include court filing fees, attorney fees, and other administrative expenses:

Court Filing Fees

Filing fees for Surrogate’s Court are based on the value of the estate, as set by SCPA § 2402. Fees range from approximately $45 for very small estates to $1,250 or more for estates over $500,000. Additional fees apply for certified copies of Letters Testamentary and other court documents.

Attorney Fees

New York does not have a fixed statutory fee schedule for probate attorneys. Fees are typically structured as hourly rates ($300–$600+ per hour for experienced probate attorneys in New York City), flat fees for straightforward estates, or a percentage of the estate value (less common today). For a simple uncontested probate in New York, total attorney fees typically range from $3,000 to $10,000. Complex or contested matters cost significantly more.

Executor Commissions

Under New York law (SCPA § 2307), executors are entitled to commissions based on the estate’s value: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4,000,000, and 2% on amounts over $5,000,000.

Have questions about your specific situation? Get clear answers from an experienced attorney.

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When Do You Need a Probate Lawyer in New York?

You are not legally required to hire an attorney for probate in New York. But for most families, doing it without one creates more risk than it’s worth.

Consider hiring a probate lawyer if:

The estate includes real property in New York
There are potential will contests or family disputes
The estate may owe New York or federal estate taxes
There are creditor claims against the estate
The executor is unfamiliar with Surrogate’s Court procedures
There are beneficiaries in multiple states or countries
The will is old, ambiguous, or may not meet current New York execution requirements

If you’re dealing with probate in New York and want to understand your options, schedule a free 20-minute consultation with our team. We handle probate matters in Manhattan, the boroughs, and Saratoga Springs.

Frequently Asked Questions

Do bank accounts go through probate in New York?

Only if the account is solely in the deceased person’s name with no beneficiary designation, no payable-on-death (POD) designation, and no joint owner. If the account has any of these, it passes outside of probate directly to the named person.

How do I get Letters Testamentary in New York?

File a probate petition with the Surrogate’s Court in the county where the deceased person lived, along with the original will and a certified death certificate. After citations are served and the court is satisfied the will is valid, Letters Testamentary are issued to the executor named in the will.

What happens if there is no will in New York?

If someone dies without a will (intestate), the estate goes through a similar process called “administration” rather than “probate.” The court appoints an administrator (typically the closest living relative) and issues Letters of Administration. Assets are distributed according to New York’s intestacy laws, not the deceased person’s wishes.

Can probate be avoided in New York?

Yes, through proper estate planning. Assets held in trusts, jointly titled property, and accounts with beneficiary designations all pass outside of probate. For more on how trusts can help, see our guide to estate planning in New York.

How long does an executor have to settle an estate in New York?

There is no strict statutory deadline, but New York expects reasonable diligence. If an executor delays unreasonably, beneficiaries can petition the Surrogate’s Court to compel an accounting or remove the executor. Most estates should aim to close within 12–18 months.

*The information in this blog post is provided for general informational purposes only and does not constitute legal advice. Reading this content or contacting LGK Lawyers through this website does not create an attorney-client relationship. This post discusses New York law, which may differ from the law in other jurisdictions. For advice specific to your situation, please schedule a consultation.*

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