Probate in New York City is the court process of proving a deceased person’s will and authorizing an executor to settle the estate, conducted in the Surrogate’s Court of the borough where the decedent was domiciled. It begins by filing the original will and a petition under SCPA 1402 and ends with distribution and accounting. An uncontested NYC estate commonly takes several months to over a year, depending on the borough court’s caseload and asset complexity.
How long does probate take in New York City?
There is no fixed timeline, but expect roughly 7 to 18 months for a straightforward, uncontested estate in a five-borough court, longer if a co-op transfer, estate-tax return, or any objection is involved. The busier courts — Kings (Brooklyn) and Queens — often run longer than Richmond (Staten Island) simply because of volume. A contested matter can extend for years; see contested estates.
The step-by-step process
- Locate the original will. A photocopy is generally not enough; New York presumes a will the testator kept but that cannot be found was revoked. The original must be filed with the court.
- Identify the correct borough court. Venue follows the decedent’s domicile under SCPA 205-206. A Bronx resident’s estate is filed in Bronx County Surrogate’s Court, not wherever the assets sit. See the five Surrogate’s Courts.
- File the probate petition (SCPA 1402). The named executor petitions to admit the will and be appointed. The petition lists distributees, assets, and value, and is filed via NYSCEF in all five boroughs.
- Serve citation on distributees. Every person who would inherit under EPTL 4-1.1 if there were no will must be notified. Those who sign waivers and consents need not be cited; those who don’t are served with a citation to appear.
- The Surrogate issues Letters Testamentary. This is the court order proving the executor’s authority — banks, transfer agents, and co-op boards require it before releasing or transferring anything.
- Marshal and inventory the assets. The executor collects accounts, secures real property, and — in the typical NYC estate — works with the co-op corporation’s transfer agent and board to transfer the decedent’s shares.
- Notify creditors and pay valid debts. Funeral bills, taxes, and creditor claims are paid in the statutory order; see executor duties.
- File and pay taxes. This includes a final income tax return and, for larger estates, a NY estate-tax return — NYC property values frequently approach the state cliff.
- Distribute to beneficiaries per the will’s terms.
- Account and close. The executor accounts informally (by agreement) or judicially, then the estate closes.
Required documents checklist
- Original last will and testament (and any codicils)
- Certified death certificate
- Probate petition (SCPA 1402) with asset schedule
- Family tree / heirship affidavit identifying distributees
- Waivers and consents (or citations) for distributees
- Filing fee per SCPA 2402
NYC Surrogate’s Court filing fees (SCPA 2402)
Fees are graduated by the estate’s value. The schedule is set by SCPA 2402 and is the same across all five boroughs:
| Estate value | Filing fee |
|---|---|
| Less than $10,000 | $45 |
| $10,000 – $19,999 | $75 |
| $20,000 – $49,999 | $215 |
| $50,000 – $99,999 | $280 |
| $100,000 – $249,999 | $625 |
| $250,000 – $499,999 | $1,250 |
| $500,000 and over | $1,250 |
Figures per SCPA 2402; verify the current schedule before filing.
Where to file in New York City
| Borough | County | Surrogate’s Court |
|---|---|---|
| Manhattan | New York | 31 Chambers St, New York, NY 10007 |
| Brooklyn | Kings | 2 Johnson St, Brooklyn, NY 11201 |
| Queens | Queens | Queens County Surrogate’s Court (verify current address) |
| Bronx | Bronx | Bronx County Surrogate’s Court (verify current address) |
| Staten Island | Richmond | Richmond County Surrogate’s Court (verify current address) |
Probate vs. administration
Probate applies when there is a valid will to prove. Administration applies when the decedent died intestate (no will) — a relative petitions for Letters of Administration under SCPA 1001 priority. The processes overlap but the appointment standard differs. See executor duties for the administrator role.
When a small-estate procedure applies
If the estate’s personal property is under $50,000 (excluding real property that passes outside probate), SCPA Article 13 allows a streamlined voluntary administration — a far faster, cheaper path that avoids full probate. A NYC co-op counts as personal property (shares), so its value can push an estate over the $50,000 threshold even when the person owned no “real estate.”
FAQ
Do I need the original will, or is a copy enough? You generally need the original. New York applies a presumption that a will last in the testator’s possession but missing at death was revoked, making copy-only probate difficult and contestable.
Can I skip probate if everything was jointly owned? Sometimes. Jointly titled accounts, “in trust for” accounts, and beneficiary-designated assets pass outside probate. But a solely owned co-op or condo passes through the estate, so most NYC estates still require a proceeding.
What if the executor named in the will doesn’t want to serve? They can renounce. The court then looks to any successor executor named in the will, or appoints an administrator c.t.a. See executor duties.
Ready to map your estate to the right court? Book a 30-minute consult or see the NYC estate guide.