Probate a Will
How probate of a will works in New York Surrogate's Court, why it takes time, and what an executor is responsible for.…
Learn more →New York Probate and Estate Administration Lawyers
Probate and estate administration in New York: how the Surrogate's Court appoints an executor or administrator and how the estate is settled. Schwartsman…
Free initial consultation. Offices in Brooklyn, Manhattan and Manhasset.
We are a private law firm, not the Surrogate's Court. We can file for you.
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Amidst the grieving process, there are legal matters that must be addressed to settle the deceased person's estate. In the state of New York, this process is known as probate and estate administration.
The probate path in Surrogate's Court
- 1File the petition
- 2Citations & waivers
- 3Letters issued
- 4Marshal assets & pay debts
- 5Taxes & accounting
- 6Distribution & closing
Tap or hover a card for details
What is Probate and Estate Administration?
Probate is the legal process through which a deceased person's Last Will and Testament is declared by the court as valid and the estate assets are distributed according to the Will. When there is no valid will, the court appoints an administrator, who distributes the estate as the intestacy statute (EPTL 4-1.1) provides. After the appointment of a person in charge of the estate (executor or the administrator) estate administration begins. It is a process of managing and distributing a deceased person's assets as the Will provides or in accordance with state law (when there is no will). Once the executor or administrator is appointed, estate administration begins: collecting the assets, paying debts and taxes, and distributing what remains as the will or EPTL 4-1.1 provides.
Letters of Administration
When there is no will, the Surrogate's Court appoints an administrator and issues letters of administration (SCPA Article 10). We prepare the petition, locate and notify the distributees, and handle the court's requirements for a bond, so the family can collect accounts and sell property.
Letters Testamentary
When there is a will, the court admits it to probate and issues letters testamentary to the executor (SCPA Article 14). We file the probate petition, obtain waivers or serve citations on the people entitled to notice, and respond to the court's questions so letters issue without avoidable delay.
Small estates
If the personal property is worth $50,000 or less, a simplified voluntary administration under SCPA Article 13 may be enough. See our small estate (voluntary administration) page.
Where we file
We appear in the Surrogate's Courts of Kings County (Brooklyn), New York County (Manhattan), Queens County, Richmond County (Staten Island), Bronx County and Nassau County, and we handle out-of-county and ancillary matters across New York State.
Do I inherit if there is no will? (EPTL 4-1.1 calculator)
Answer three questions and this tool applies New York's intestacy statute, EPTL 4-1.1, to estimate your share. It covers property that passes through the estate (not joint accounts, beneficiary designations or trusts) and assumes a decedent domiciled in New York.
Your estimated share will appear here.
Based on EPTL 4-1.1 and the "by representation" rule in EPTL 1-2.16. A spouse disqualified under EPTL 5-1.2 (final divorce, a separation decree against the surviving spouse, abandonment or failure to support) takes nothing; half-blood relatives take equally with whole-blood (EPTL 4-1.1(b)); adopted children inherit as birth children (DRL 117). Relatives more distant than great-grandchildren of grandparents do not inherit; the estate then escheats to New York State. The family exemption under EPTL 5-3.1 and funeral, administration expenses and debts come off first. This is general information, not legal advice — call us to confirm your situation.
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FAQ
Probate and administration — FAQ
How long does probate take in New York?
A straightforward New York probate commonly runs several months from filing to first distributions; contested or complex estates take longer. For an uncontested estate with a clear will, cooperative beneficiaries, and organized records, the executor can often obtain letters testamentary within a few weeks to a couple of months of filing.
What happens if someone dies without a will in New York?
In such cases the estate passes by intestacy — literally, dying without a will — and must be administered under EPTL 4-1.1. We can help with the process of appointing an administrator in intestate situations, and with the complexities involved in handling an intestate estate.
Do all assets go through probate?
Not every asset in an estate goes through probate. Generally, assets that pass directly to beneficiaries outside the probate process — such as jointly held property, accounts with named beneficiaries, life insurance, and assets held in trust — are not subject to Surrogate's Court proceedings.
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