New York Inventory of Assets: The Nine-Month Filing
New York Inventory of Assets: the nine-month deadline under 22 NYCRR 207.20, what the court can do if you miss it, and what goes on it.
A New York fiduciary must file an Inventory of Assets with the Surrogate's Court within nine months of the date letters were issued, or as the court otherwise directs. The rule is 22 NYCRR 207.20, part of the Uniform Rules for the Surrogate's Court.
Nine months is longer than most states allow, and the consequence of missing it is sharper than most states impose. Both facts are worth knowing early.
It Is a Court Rule, Not a Statute
New York's inventory duty does not sit in the Surrogate's Court Procedure Act alongside most of what an executor does. It sits in the Uniform Rules, at 22 NYCRR 207.20.
That matters in a practical way. The rule says the inventory is due within nine months "or as the court otherwise directs", so the Surrogate can set a different date for a particular estate. If your citation or your decree says something other than nine months, the court's direction is the one that governs.
It also means the deadline is not something you will find by reading the SCPA. People who work through the statute carefully and never see an inventory requirement are not being careless; they are reading the wrong book.
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See how the workspace worksNine Months From Letters, Not From Death
The clock starts when letters issue, not at the death and not at the filing of the probate petition.
For estates where probate takes months to complete, that distinction moves the deadline by months. The New York letters testamentary guide covers the appointment document and when it issues, which is the date to write down.
The inventory is one duty among many, and the New York executor duties guide sets out the rest of the fiduciary task list it belongs to.
Because the window is long, the common failure here is not rushing. It is forgetting. Nine months is far enough out that it falls off the list, and it lands in the same period as the creditor work, which feels more urgent. The New York probate timeline places it against the other milestones.
What Happens If You Miss It
This is where New York is unusually concrete. Under the rule, the court may:
- refuse to issue certificates, which are what banks and transfer agents ask for
- revoke the letters until the inventory and the fees are filed
- disallow commissions or legal fees
Read those in order and the picture is clear. Without certificates you cannot move assets, so the estate stalls. Revoked letters mean you are no longer the fiduciary until you comply. And disallowed commissions mean the work you have done to that point may go unpaid.
That last one deserves emphasis, because an executor who is also a beneficiary sometimes treats commissions as optional and the inventory as paperwork. The rule ties them together.
What Belongs on It
The inventory describes the estate the fiduciary is administering: property passing under the will or by intestacy.
Generally included:
- Real property in the decedent's sole name
- Bank and brokerage accounts in the decedent's sole name with no beneficiary designation
- Vehicles titled solely to the decedent
- Personal property of real value, including jewellery, art, collections and equipment
- Business interests and debts owed to the decedent
Generally excluded, because they pass outside the estate:
- Accounts with a surviving payable-on-death or in-trust-for beneficiary
- Property held jointly with right of survivorship or as tenants by the entirety
- Life insurance and retirement accounts with a surviving named beneficiary
- Assets already held in a living trust
New York's tenancy rules do real work in that second list, and a married couple's home is often held as tenants by the entirety. The New York guide to avoiding probate covers those forms of ownership from the planning side.
Values
Values are as of the date of death. Institutions will confirm a date-of-death balance in writing on request, and for real property or an unusual asset an appraisal is the defensible route.
Where an estate is large enough to raise New York estate tax questions, the values on the inventory and the values used for tax should tell the same story. Two different figures for the same asset, produced months apart with no explanation, is a question you do not want to answer later. The New York estate tax guide covers the thresholds.
Small Estates Do Not File One
New York's voluntary administration route, for small estates, does not produce a fiduciary with an inventory duty under this rule. It is a different, lighter proceeding.
The New York voluntary administration guide covers which estates qualify. If you are administering through that route and looking for the inventory deadline, the answer is that it does not apply to you.
Common Questions
When is the New York Inventory of Assets due?
Within nine months of the date letters were issued, under 22 NYCRR 207.20, or on whatever date the court otherwise directs.
Is the deadline nine months from the death?
No. It runs from the issuance of letters. For an estate where probate took several months, those are very different dates.
Where is the requirement written?
In the Uniform Rules for the Surrogate's Court at 22 NYCRR 207.20, not in the SCPA. That is why it is easy to miss when reading the statute.
What can the court do if the inventory is not filed?
Refuse to issue certificates, revoke the letters until the inventory and fees are filed, and disallow commissions or legal fees.
Do jointly held assets go on the inventory?
Generally no. Property held jointly with right of survivorship, or as tenants by the entirety, passes to the survivor outside the estate.
Does a voluntary administration estate file one?
No. Voluntary administration is a separate small-estate proceeding and does not carry this filing duty.
What values do I use?
Date-of-death values. Keep the statement, appraisal or valuation letter that supports each figure, particularly where the estate will also file for estate tax.
Sources
- 22 NYCRR 207.20, Inventory of assets | New York State Unified Court System | accessed 2026-08-03
- 22 NYCRR 207.20 (verbatim text) | Cornell Legal Information Institute | accessed 2026-06-28
- SCPA 2307, commissions of fiduciaries | New York State Senate | accessed 2026-08-03 | the commissions the court may disallow
Where the court has directed a different date, or where an asset's ownership is contested, an attorney who practises in the Surrogate's Court is the right next call.
This guide is general information, not legal advice. Consult a qualified attorney about your situation. It is not legal advice.
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