New York Probate Guide | Settled

New York estate cases usually run through the Surrogate's Court in the county tied to the person who died. The right path depends on whether there is a will, whether the estate has real property, and whether the estate can use the small-estate route called voluntary administration.

Use this guide to sort the first decision. It gives general information, not legal advice.

When New York Probate Is Needed

New York CourtHelp describes probate as the Surrogate's Court process for proving that a will is valid. The executor named in the will files the original will, a certified death certificate, a probate petition, and supporting papers in Surrogate's Court.

Probate may be needed when:

The person who died left a will and owned assets that do not pass by beneficiary designation, trust, or joint ownership.
The estate needs letters testamentary so an executor can collect assets, pay estate bills, and distribute property.
Real property was owned in the decedent's name and no nonprobate transfer path controls it.
A bank, title company, or other holder asks for Surrogate's Court authority.

If there is no will, New York uses an administration proceeding instead. CourtHelp says administration gives letters of administration to a qualified distributee, which lets that person gather and distribute property under New York law.

Three Common New York Estate Paths

Path	When it fits	Court authority	Notes
Voluntary administration	$50,000 or less in personal property	Certificate of voluntary administration	CourtHelp lists the filing fee as $1.
Probate	There is a will	Letters testamentary	Filing fee is based on estate value under SCPA 2402.
Administration	There is no will	Letters of administration	The closest qualified distributee usually files.

Voluntary Administration

Voluntary administration is New York's small-estate process. SCPA 1301 defines a small estate as personal property with a gross value of $50,000 or less, not counting property set off under EPTL 5-3.1(a). CourtHelp also says the process can apply with or without a will.

Real property changes the analysis. CourtHelp says a house or land owned by the decedent in the decedent's name alone means the estate is not a small estate. If there is real property and a will, probate may be the right filing. If there is real property and no will, administration may be the right filing.

Probate With a Will

Probate starts when the executor files the will and court papers in Surrogate's Court. The filing asks the court to admit the will and appoint the executor. CourtHelp says distributees must be listed and may need citation or waiver handling.

The court fee depends on the estate value. SCPA 2402 sets the statewide fee schedule for probate and administration filings, starting at $45 for estates under $10,000 and reaching $1,250 for estates of $500,000 and over.

Administration With No Will

Administration is the no-will court path. CourtHelp says the closest distributee usually files, and the petition includes a certified death certificate, funeral bill copy, asset list, debt list, and family information.

Letters of administration give the administrator authority to gather property and distribute it under New York intestacy law.

First Steps After a Death in New York

Find the will, if there is one.
Order certified death certificates.
Make a list of assets, debts, and account holders.
Separate probate assets from trust, joint, and beneficiary assets.
Check whether personal property is $50,000 or less.
Identify the county Surrogate's Court.
Pick the likely filing path: voluntary administration, probate, or administration.
Ask the court or counsel about local copies, certificate needs, filing method, and bond questions.

New York Probate Costs

Court costs are not the only estate cost, but the first court fee usually follows one of two paths:

Voluntary administration: CourtHelp lists a $1 filing fee.
Probate or administration: SCPA 2402 uses an estate-value schedule.

Fiduciary commissions are separate from filing fees. SCPA 2307 sets commission tiers for fiduciaries other than trustees:

5 percent on the first $100,000.
4 percent on the next $200,000.
3 percent on the next $700,000.
2.5 percent on the next $4,000,000.
2 percent above $5,000,000.

Attorney fees depend on the fee agreement and the work needed. New York does not use a California-style fixed attorney fee schedule for ordinary probate representation.

New York Estate Tax Check

New York has its own estate tax. The Tax Department lists a $7,350,000 exclusion amount for dates of death from January 1, 2026 through December 31, 2026. Resident estates must file if the federal gross estate plus includible gifts exceeds the exclusion amount.

The estate tax return and payment are generally due within nine months after death. Estate tax is separate from Surrogate's Court probate filing.

Common Papers to Gather

Original will, if there is one.
Certified death certificate.
Funeral bill or receipt.
Asset list with estimated values.
Debt list.
Names and addresses for distributees and beneficiaries.
Deeds, titles, statements, and account records.
Prior trust or beneficiary paperwork if an asset may avoid probate.

County Surrogate's Courts may ask for local copies or county-specific addenda. Check the county court page before filing.

FAQ

What is probate in New York?

Probate is the Surrogate's Court process for proving a will and appointing the executor named in that will.

What if there is no will?

If there is no will, the estate usually uses administration. The court can issue letters of administration to a qualified distributee.

What is the small estate limit in New York?

New York voluntary administration generally applies when the estate has $50,000 or less in personal property.

Does a house fit voluntary administration?

Usually no. CourtHelp says a house or land owned by the decedent in the decedent's name alone means the estate is not a small estate.

How much is the New York voluntary administration filing fee?

CourtHelp lists the voluntary administration filing fee as $1.

Do I need a lawyer for New York probate?

New York CourtHelp says probate proceedings can be complicated and that a lawyer may be a good idea in many cases. Attorney help is often useful when real property, disputes, creditor claims, or unclear family rights are involved.

Sources:

"Probate," New York CourtHelp, Web page updated June 29, 2022, https://nycourts.gov/CourtHelp/WhenSomeoneDies/probate.shtml
"Administration," New York CourtHelp, Web page updated June 29, 2022, https://nycourts.gov/CourtHelp/WhenSomeoneDies/administration.shtml
"Small Estate," New York CourtHelp, Web page updated June 30, 2022, https://nycourts.gov/CourtHelp/WhenSomeoneDies/smallEstate.shtml
"Surrogate's Court Procedure Act Section 1301," New York State Senate, revision from November 29, 2019, https://www.nysenate.gov/legislation/laws/SCP/1301
"Surrogate's Court Procedure Act Section 2402," New York State Senate, revision from September 22, 2014, https://www.nysenate.gov/legislation/laws/SCP/2402
"Surrogate's Court Procedure Act Section 2307," New York State Senate, revision from January 10, 2020, https://www.nysenate.gov/legislation/laws/SCP/2307
"Estate tax," New York State Department of Taxation and Finance, 2026 update, https://www.tax.ny.gov/pit/estate/etidx.htm

This guide gives general information about New York probate. It is not legal advice.