These answers cover probate across New York City’s five Surrogate’s Courts — one per borough, with venue set by the decedent’s domicile under SCPA 205-206. Each answer is self-contained and grounded in New York’s EPTL and SCPA. For your specific estate, the safest path is a short consult, but these cover the questions NYC families ask most.
Process questions
Which Surrogate’s Court handles a New York City estate? The court of the borough where the decedent was domiciled at death — New York (Manhattan), Kings (Brooklyn), Queens, Bronx, or Richmond (Staten Island) County. Venue follows domicile under SCPA 205-206, not where the person died or where assets sit. See the five courts.
How long does probate take in NYC? A straightforward, uncontested estate commonly runs 7 to 18 months. Busier borough courts (Kings, Queens) tend toward the longer end; co-op transfers, estate-tax returns, and any objection extend it further. Contested matters can take years.
Where do I file the will? File the original will and a petition under SCPA 1402, via NYSCEF e-filing, in the decedent’s borough Surrogate’s Court. A photocopy is presumed revoked, so the original is needed. See the probate process.
Can I file in a different borough if mine is backed up? No. SCPA 205-206 makes venue mandatory by domicile. A Bronx decedent’s estate must be filed in Bronx County Surrogate’s Court, however busy it is.
Cost and fee questions
How much does it cost to file probate in NYC? Filing fees follow the graduated SCPA 2402 schedule citywide — from $45 for estates under $10,000 up to $1,250 for estates of $500,000 or more. Attorney fees and any estate-tax liability are separate. (Verify the current schedule.)
How much does an executor get paid? Statutory commissions under SCPA 2307: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, then lower tiers above. A family executor who inherits everything often waives them for tax reasons.
Is there an estate tax on a NYC estate? Possibly. New York has its own estate tax with a “cliff”: exceed 105% of the state exemption and the whole estate is taxed. High-value NYC co-ops and condos can trigger it. There’s no NY inheritance or gift tax. See estate taxes.
Document and legal questions
What makes a will valid in New York? Under EPTL 3-2.1, the will must be in writing, signed at the end by the testator, and witnessed by at least two people who sign within 30 days of each other. Handwritten unwitnessed wills are invalid for most people (EPTL 3-2.2).
Who inherits if there’s no will? EPTL 4-1.1 controls. A spouse with no children takes everything; a spouse with children gets $50,000 plus half, with children splitting the rest; children alone share equally. The estate proceeds as an administration, not a probate.
What does a will actually control? Only solely owned probate assets. Jointly held property, beneficiary-designated accounts (life insurance, IRAs, POD/ITF accounts), and trust assets pass outside the will. See wills.
NYC-specific questions
How is a co-op handled in NYC probate? A co-op is shares plus a proprietary lease — personal property, not real estate. The executor needs Letters and then the co-op board’s approval to transfer the shares. The board’s rights survive the owner’s death.
Is a condo treated differently than a co-op? Yes. A condo is real property with a recorded deed (via the City Register/ACRIS) and transfers more like a house. NYC has no transfer-on-death deeds, so a solely owned condo still passes through the estate.
Can a small NYC estate avoid full probate? If personal property is under $50,000, SCPA Article 13 voluntary administration applies — a faster, cheaper path. But a co-op’s value often pushes the estate over the threshold.
Are NYC Surrogate’s Courts on e-filing? Yes. All five boroughs use NYSCEF, with Help Centers available for those filing without an attorney.
Litigation questions
Who can contest a NYC will? A person whose inheritance would be larger without the will — usually a distributee under EPTL 4-1.1 or a prior-will beneficiary. They may examine the attesting witnesses first through an SCPA 1404 examination. See will contests.
When do I need a lawyer?
Do I need a probate attorney in NYC? A simple, uncontested estate with a clear will and small assets can sometimes be handled with Help Center support. But a co-op transfer, an estate-tax return, missing or foreign heirs, or any objection quickly outgrows self-help. Because the five courts apply the same SCPA, the difference between a smooth estate and a stalled one is usually procedural precision.
Still have a question? Book a 30-minute consult with Russel Morgan or read the NYC estate guide.