When someone who lived in the Bronx dies, the family usually ends up dealing with the Bronx County Surrogate's Court. The court sits at 851 Grand Concourse. It handles wills, estates of people who died without a will, small estates, guardianships, and disputes over estates and trusts. This guide covers the main estate proceedings, how venue works, what to expect from electronic filing, and the questions Bronx families ask most. It is general information, not legal advice for your situation.
Which Proceeding Fits Your Situation?
Most Bronx estates go through one of three paths. Which one applies depends mainly on two things: whether the person left a valid will, and how much property was in their name alone.
| Proceeding | When it is used | Who usually files | Main statute |
|---|---|---|---|
| Probate | The decedent left a will | The executor named in the will, or another person listed in SCPA 1402 | SCPA Article 14 |
| Administration | No will (intestacy) | The distributee with priority under SCPA 1001 | SCPA Article 10 |
| Small estate (voluntary administration) | Personal property with a gross value of $50,000 or less | An eligible family member or other qualified person | SCPA Article 13 (SCPA 1301) |
A trust is valid only to the extent assets are transferred to it (EPTL 7-1.18). Other accounts may be titled so they are reviewed separately from the Surrogate's Court filing. Before you file anything, list what the decedent owned and how each asset was titled. That list often decides which proceeding you need, or whether you need one at all.
Venue: Why the Bronx Court?
Under SCPA 205, the estate of a New York domiciliary is handled in the Surrogate's Court of the county where the decedent was domiciled at death. If your parent's permanent home was in the Bronx, the Bronx County Surrogate's Court is the proper court. That holds even if the heirs live in other boroughs or other states, and even if the death happened in a hospital or facility somewhere else.
Domicile is a plain-language idea of where someone made their home, not just where they happened to be at the end. Questions come up when someone moved in with a child in another county, or split time between the Bronx and another state. If domicile is unclear, settle it before filing. A petition in the wrong county causes delay.
For people who were not domiciled in New York, SCPA 206 sets venue in a county where they left property. The first court to take jurisdiction keeps it. So a non-New Yorker who owned property in the Bronx may need a non-domiciliary proceeding here.
Probate in Bronx Surrogate's Court
Who can petition
SCPA 1402 lists who may petition to probate a will. The list includes legatees and devisees, named fiduciaries, guardians, creditors, other interested persons, a person eligible to serve as administrator c.t.a. (with the will annexed), and the Public Administrator or County Treasurer. In most families, the named executor files.
What the court looks at
Under SCPA 1408, the court must be satisfied that the will was duly executed and that the testator was competent to make it. The execution requirements come from EPTL 3-2.1. A valid New York will must:
- Be signed at the end by the testator
- Be signed in the presence of each attesting witness, or acknowledged to each witness
- Include a declaration by the testator to each witness that the document is their will
- Have at least two attesting witnesses, who are presumed (subject to rebuttal) to have signed within one 30-day period
New York has passed a law authorizing electronic wills, but it does not take effect until December 12, 2027. For now, Bronx probate petitions involve wills signed the traditional way, on paper, with two witnesses.
Family information
Gather names and current addresses of close relatives early. That practical step helps the petition move once counsel is retained. Call (212) 518-3868 or schedule a free consultation if you are unsure who belongs on the family list.
Preliminary letters
Sometimes an estate needs someone in charge right away. A house has to be insured, a business kept running, or a lease handled. Under SCPA 1412, the named executor may ask in writing for preliminary letters testamentary. The request generally comes after the probate petition is filed and process has issued, or earlier if the court allows. If there is more than one will, priority goes to the executor named in the latest one. The court can limit the preliminary executor's powers and can require or waive a bond. Preliminary letters are revoked if a decree denies probate.
Will contests and no-contest clauses
Many wills include an in terrorem (no-contest) clause: a beneficiary who challenges the will loses their gift. Under EPTL 3-3.5, these clauses are enforceable regardless of probable cause, except for listed safe harbors. A beneficiary does not forfeit by:
- Claiming, with probable cause, that the will is a forgery or was revoked by a later will
- Contesting on behalf of an infant or an incompetent
- Objecting to the court's jurisdiction
- Seeking disclosure, including SCPA 1404 examinations
- Refusing to join in or sign a consent
- Bringing a construction proceeding
If you are thinking about objecting to a will in the Bronx, review the no-contest clause with counsel before you act. Contested matters are covered on our trusts and estates litigation page. For a step-by-step overview of an uncontested case, see Probate a Will.
Administration When There Is No Will
If a Bronx resident died without a will, the court appoints an administrator and issues letters of administration. SCPA 1002 governs who may petition. SCPA 1001 sets who has priority to serve:
- The surviving spouse
- The children
- The grandchildren
- A parent
- The brothers or sisters
- Other distributees, with preference to the one entitled to the largest share
When the only distributees on one side are issue of grandparents (other than aunts and uncles), letters go to the Public Administrator or the county's chief fiscal officer rather than to the family.
Who inherits without a will
EPTL 4-1.1 sets the intestacy shares:
| Survivors | How the estate passes |
|---|---|
| Spouse and issue (children or their descendants) | Spouse takes $50,000 plus one-half of the residue; issue take the balance by representation |
| Spouse, no issue | Spouse takes everything |
| Issue, no spouse | Issue take everything by representation |
| No spouse or issue | Parents; if none, issue of parents (for example, siblings, nieces, and nephews) |
| More remote relatives | Grandparents or their issue, one-half to each side (limited to grandchildren of the grandparents); then great-grandchildren of the grandparents, per capita |
Being first in line to serve as administrator does not change anyone's share. The administrator manages the estate for all distributees. For more detail, see our page on how to administer the estate of a person without a will.
Small Estates: The Article 13 Ceiling
SCPA Article 13 offers a simpler voluntary administration for small estates. Under SCPA 1301, a small estate is one where the decedent's personal property has a gross value of $50,000 or less. The limit was $30,000 until a 2019 amendment raised it, effective November 25, 2019.
The ceiling is measured by personal property. If the estate is close to the $50,000 line, or you are unsure which assets count, talk with counsel before you choose this path. Starting in the wrong proceeding can mean refiling. See Small Estate / Voluntary Administration.
Electronic Filing (NYSCEF) in Bronx Surrogate's Court
Under Administrative Order AO.158.25, electronic filing through the New York State Courts Electronic Filing system (NYSCEF) became mandatory in Bronx County Surrogate's Court, effective June 30, 2026. Older versions of the Bronx Surrogate's part rules describe e-filing as consensual. Those descriptions predate the administrative order and may be out of date, so read the order and the court's current postings before relying on them.
What this means in practice:
- Attorneys filing covered matters in the Bronx should expect to file through NYSCEF instead of on paper.
- The original will still matters. Follow the court's current instructions for delivering it, even when the petition is filed electronically.
- People filing without a lawyer should ask the court which options apply to unrepresented filers.
- Filing fees are still due and are paid as the court directs.
Court procedures change. Confirm current requirements on nycourts.gov or with the Bronx Surrogate's Court clerk before filing.
Court Filing Fees
SCPA 2402 sets the Surrogate's Court filing fee for probate and administration, and the fee depends on the size of the estate.
Other fees apply in some situations. Filing objections or a jury demand, and filing a note of issue, carry separate court fees. These are the court's fees, not attorney fees. The schedule has been in place since 2003, but bills that would change it have been introduced in the Legislature. Treat these figures as current, not permanent, and confirm them with the court before filing.
After Letters Issue: Running a Bronx Estate
Once the court issues letters testamentary or letters of administration, the fiduciary can collect assets, open an estate account, and deal with banks, brokers, and title companies. Several rules shape what comes next.
Creditor claims
SCPA 1802 sets a seven-month period, measured from the first issuance of letters, for creditors to present claims. A fiduciary who pays or distributes in good faith after that period is protected against claims they did not know about. Under SCPA 1803, a claim should be in writing, state the facts and the amount, and be delivered to the fiduciary, for example by certified mail. The seven-month period protects the fiduciary. It is not a deadline for finishing the estate.
Estate tax
For deaths in 2026, the New York estate tax basic exclusion amount is $7,350,000, and the federal basic exclusion amount is $15,000,000. New York has a cliff: between 100% and 105% of the exclusion, the benefit phases out, and above 105% no credit is available. Estates near the line need careful valuation.
Fiduciary income tax
An estate that earns income may need to file fiduciary income tax returns. For a calendar-year estate, the federal Form 1041 and New York Form IT-205 for tax year 2025 were due April 15, 2026. In general, these returns are due on the 15th day of the fourth month after the close of the estate's tax year.
Executor commissions
Executors and administrators are entitled to statutory commissions under SCPA 2307:
- 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
- 2% on amounts over $5,000,000
Half of the commission is for receiving assets and half is for paying them out. If you serve as a fiduciary and want guidance on your duties, see representation of trustees and executors.
Practical Tips for Bronx Families
- Find the original will. Check home files, safe deposit boxes, and the office of the attorney who drafted it.
- Order several certified death certificates. Banks, insurers, and the court may each ask for one.
- Build a family tree. You will need names and addresses of close relatives, and notes on anyone who is a minor, incapacitated, or deceased.
- Do not distribute early. Talk with counsel before moving or distributing assets.
- Keep records. Fiduciaries may have to account for every dollar that comes in and goes out.
- Keep clean copies. With mandatory e-filing in the Bronx, keep good scanned copies of signed documents along with the originals.
How Schwartsman Law Group Can Help
Schwartsman Law Group handles probate, administration, small estate, and contested matters for families with estates in Bronx County Surrogate's Court. We prepare petitions, gather consents, file through NYSCEF, respond to the court's requests, and guide fiduciaries through collecting assets, handling creditor claims, and making distributions. Learn more on our Probate and Administration page or our Bronx probate attorney page.
To talk through your situation, call (212) 518-3868 or schedule a Free Consultation.
Frequently Asked Questions
Where is the Bronx County Surrogate's Court?
The court is at 851 Grand Concourse, Bronx, NY. Check nycourts.gov for hours and filing procedures before you go.
My mother lived in the Bronx but died in a hospital in another county. Which court handles her estate?
Under SCPA 205, the estate of a New York domiciliary goes to the Surrogate's Court of the county of domicile. If her permanent home was in the Bronx, the Bronx County Surrogate's Court is generally the proper court, wherever the death happened.
Is e-filing required in Bronx Surrogate's Court?
Yes, for covered matters. Under AO.158.25, NYSCEF e-filing became mandatory in Bronx County Surrogate's Court effective June 30, 2026. Some older court postings still describe consensual e-filing. Check the current order and court instructions, and if you do not have a lawyer, ask the court which options apply to you.
What counts as a small estate in the Bronx?
Under SCPA 1301, a small estate is one where personal property has a gross value of $50,000 or less. The same statewide ceiling applies in the Bronx.
Who has the right to be administrator if there is no will?
SCPA 1001 gives priority to the surviving spouse, then children, grandchildren, a parent, and siblings, and then other distributees, with preference to the one entitled to the largest share.
How much does it cost to file for probate in the Bronx?
The court filing fee under SCPA 2402 depends on the estate's value. Bills that would change the schedule have been introduced, so confirm the current fee with the court.
How long does probate take in the Bronx?
There is no fixed timeline. It depends on whether family members sign consents, whether anyone objects, how complete the paperwork is, and the court's caseload. No one can promise a completion date. A complete petition and early consents usually help.
Can someone act for the estate before probate is finished?
Sometimes. Under SCPA 1412, the named executor can ask in writing for preliminary letters testamentary. The court can limit the executor's powers and require or waive a bond.
Can a will be signed electronically in New York?
Not yet. New York's electronic wills law does not take effect until December 12, 2027. Until then, a will must meet the traditional requirements of EPTL 3-2.1, including two attesting witnesses.