How much does probate cost in New York?

The court filing fee is set by estate size under SCPA 2402: from $45 for estates under $10,000 up to $1,250 for estates of $500,000 or more. Beyond that, costs include certified copies, publication or service expenses, and professional fees — professional fees are paid from estate funds. Total cost depends mostly on whether anyone contests anything.

Am I personally responsible for my parent's debts?

No. In New York, a parent's debts are paid from the estate's assets, in a legally set order — children do not inherit debt personally. If the estate cannot cover everything, unpaid creditors generally absorb the loss. The caveat: an executor who distributes assets before paying known debts can become personally liable for the shortfall, which is why the order of operations matters so much.

How long does probate take in New York?

An uncontested estate with a clear will often moves from filing to letters testamentary within a few months, with full administration commonly taking several months to a year or more depending on assets, taxes, and family cooperation. Contested wills, missing heirs, real estate sales, and estates near the tax thresholds take longer. An attorney can usually tell you early which category your estate falls into.

A Parent Died in New York — What to Do Now

First: we are sorry. Whatever brought you to this page, you are likely exhausted, grieving, and suddenly responsible for things no one ever explained to you. Take a breath. Almost nothing legal has to happen today. But a handful of things should happen soon, and a few deadlines are real. This page walks you through what actually needs doing, in order, in plain English — and what can safely wait.

The first days: what actually needs to happen now

In the first days, your jobs are practical, not legal. Obtain certified copies of the death certificate — you will need multiple copies for banks, insurers, and the court. Locate the original will, if there is one; check the home, a safe, and any lawyer your parent used. Secure the house and any valuables, forward the mail, and keep paying only what protects property, like homeowner's insurance. Do not distribute money, empty accounts, or start giving away belongings — even with good intentions, that can create personal liability later. Nothing about court has to happen this week. The estate can wait a few days while your family grieves; the errors people regret are the rushed ones.

How probate works in New York, step by step

If your parent left a will, it must be filed with the Surrogate's Court in the county where they lived — for example, Kings County at 2 Johnson Street in Brooklyn, or Queens County at 88-11 Sutphin Blvd. in Jamaica. The named executor petitions the court to admit the will and issue letters testamentary, the document banks require before anyone can act. Relatives who would have inherited without the will must be notified and given a chance to object. Filing fees are set by estate size under SCPA 2402, ranging from $45 for the smallest estates to $1,250 for estates of $500,000 or more. Once letters issue, the executor collects assets, pays valid debts, and eventually distributes what remains under the will.

If there is no will: the administration path

No will does not mean no process — it means a parallel one called administration. Instead of an executor, the court appoints an administrator, usually the closest relative, who receives letters of administration and does essentially the same job. Who inherits is decided by New York's intestacy statute rather than your parent's wishes: a surviving spouse and children split the estate by formula, and if there is no spouse, children share equally. Administration can get complicated when relatives disagree over who should serve, when heirs are hard to locate, or when someone entitled to inherit is a minor. The filing fee schedule is the same as probate. If your parent died without a will, start by identifying every legal heir — the court will require it.

Being the executor: duties, and yes, personal liability

If you were named executor, understand this early: you are a fiduciary, personally responsible for handling other people's money correctly. You must gather and safeguard assets, keep estate funds separate from your own, pay legitimate debts in the right order, file tax returns, keep records of every transaction, and treat all beneficiaries impartially — including relatives you do not get along with. Executors who distribute money too early, ignore creditors, or fail to file taxes can be held personally liable for the shortfall. The good news: you are allowed to hire professionals, and reasonable attorney's fees are paid from the estate, not your pocket. You are also entitled to statutory commissions for your work.

Deadlines and taxes you cannot ignore

Most estate tasks are flexible; a few are not. If the estate is large enough to owe federal estate tax, the federal estate tax return is generally due nine months after death — and for 2026 deaths, the federal exemption is $15,000,000 per person. New York has its own estate tax with a 2026 exclusion of $7,350,000, and a sharp cliff: if the New York taxable estate exceeds 105% of the exclusion — $7,717,500 — the entire estate becomes taxable, not just the excess. Your parent's final income tax return is still due on the normal schedule, and the estate itself may need income tax returns. If any number in this paragraph might apply to your family, involve a professional well before month nine.

The house, the debts, and what not to touch

The house is usually the estate's biggest asset and its biggest source of family friction. Until the court issues letters, no one has authority to sell it — but someone should secure it, maintain insurance, and keep the mortgage and property taxes from going into default. Once appointed, the executor can typically sell the house or, if the will and beneficiaries allow, transfer it to family. Debts are paid from estate assets in a legally set order; children do not inherit a parent's debts personally, and you should be skeptical of collectors who imply otherwise. Do not pay your parent's credit cards from your own money, and do not let anyone start removing property from the house — inventory first, distribute later.

What to do in the first 72 hours after losing a parent — a New York executor's checklist

You do not need to solve the estate this week. These steps protect the estate — and you — while the legal process gets organized.

Order certified death certificates — at least 10Banks, insurers, government agencies, and the Surrogate's Court will each want a certified copy, and ordering extras now is far easier than reordering later. The funeral home can usually order them for you. Keep them together in one folder that also holds every estate document you collect from here on.
Find the original will — the original, not a copySearch the house, any safe, and safe deposit boxes, and call any attorney your parent used. New York courts require the original signed will; probating a photocopy is possible only in narrow circumstances and is much harder. If you find it, put it somewhere safe and do not write on it, unstaple it, or remove anything.
Secure the home, valuables, and mailLock the house, safeguard jewelry and documents, and forward or collect mail — incoming mail is how you will discover accounts, bills, and insurance policies. Keep homeowner's insurance in force; an empty house with lapsed coverage is a real risk. If relatives have keys, agree that nothing leaves the house until there is an inventory.
Do not pay debts or hand out money yetWell-meaning families start writing checks and distributing keepsakes in week one. Resist. Debts must be paid in a legal order from estate funds, and premature distributions can make the executor personally liable if money runs short. Pay only what preserves property — insurance, utilities, the mortgage — and log every expense for reimbursement.
Make a rough list of assets and debtsFrom mail, statements, and files, sketch what your parent owned and owed: real estate, bank and brokerage accounts, retirement accounts, life insurance, loans, and cards. Precision comes later; the goal now is a working map.
Notify Social Security, employers, and insurersThe funeral home often reports the death to Social Security, but confirm it, since benefits paid after death must be returned. Notify any employer about final wages and benefits, and life insurance companies to start claims — insurance usually pays the named beneficiary directly, outside the court process, and can provide the family early liquidity.
Talk to a probate attorney before filing anythingA consultation early — before the petition is filed — prevents the most expensive category of mistakes: wrong court, missed heirs, defective notices, premature distributions. Our free consultation will tell you honestly whether this estate needs full representation, which is quoted as a flat fee and paid from estate funds, or is simple enough to need only limited help.
The one most people forget The one thing most executors forget: month nineIf the estate may owe estate tax, the return is generally due nine months after death (see 'Deadlines and taxes' above), and grief makes nine months evaporate. Families near the New York cliff have real money at stake. Calendar the date now, in week one, even if you think the estate is under the threshold.

My Parent Just Died