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New York Probate Types: Voluntary Administration vs Probate vs Administration

Find the right probate procedure for your situation

Compare eligibility, timing, court involvement, and local verification points

Simplified Path vs Formal Path at a Glance

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CategorySimplified PathFormal PathWinner
Eligibility$50,000 or less in personal propertyWill-based probate or no-will administration for larger or more complex estatesSimplified Path
Filing Fee$1Value-based under SCPA 2402Simplified Path
Real PropertyNoYesFormal Path
Attorney RequiredNoNo, but often recommendedSimplified Path
Court AuthorityCertificate of voluntary administrationLetters testamentary or letters of administrationTie

Main New York Probate Options

Voluntary Administration

SCPA Article 13

Small personal-property estates that meet voluntary administration rules

Threshold: $50,000 or less in personal property

Filing Fee: $1

Timeline: A few weeks to 2 months

Real Estate: No

Attorney: No

Probate

SCPA Article 14

Estates with a will that need letters testamentary

Threshold: No fixed threshold; used when there is a will

Filing Fee: Value-based under SCPA 2402

Timeline: 7-12+ months

Real Estate: Yes

Attorney: Recommended

Administration

SCPA Article 10

Intestate estates that need letters of administration

Threshold: No fixed threshold; used when there is no will

Filing Fee: Value-based under SCPA 2402

Timeline: 7-12+ months

Real Estate: Yes

Attorney: Recommended

* New York CourtHelp lists the voluntary administration filing fee as $1. Probate and administration filing fees are value-based under SCPA 2402.

Unfamiliar terms in the comparison? The New York probate glossary defines them in plain language.

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Frequently Asked Questions

What is voluntary administration in New York?
Voluntary administration is New York's small-estate Surrogate's Court process. It is generally for estates with $50,000 or less in personal property, and CourtHelp lists the filing fee as $1.
What is the difference between probate and administration in New York?
Probate is used when the decedent left a will that needs to be admitted by the Surrogate's Court. Administration is used when there is no will and the estate needs letters of administration.
Can New York voluntary administration transfer real estate?
Usually no. New York CourtHelp says a decedent-owned house or land in the decedent's name alone means the estate is not a small estate. Real property usually points to probate, administration, or a nonprobate transfer path.
Do I need an attorney for New York probate?
New York does not make every Surrogate's Court estate filing attorney-only, but probate or administration is often complex enough that attorney help is recommended when there is real property, creditor pressure, disputes, or multiple distributees.
How are New York probate filing fees set?
The voluntary administration filing fee is listed by CourtHelp as $1. Probate and administration filing fees are based on estate value under SCPA 2402.

Important: Proceedings are filed in the Surrogate's Court for the county tied to domicile or New York property. Local copies, certificates, and filing instructions can vary by county.

Legal Authority: New York SCPA Articles 10, 13, and 14. Last Verified: May 2026.

This content is for informational purposes only and is not legal advice or a substitute for attorney review. Laws and fees may change. Verify current requirements with your local court clerk before filing.

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