1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingTown, village, or city clerk where the death occurred / New York State Department of Health
Office info
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
2Required by Law
Legal duties
Deposit the Will
File the original will with probate papers, or with voluntary administration papers if the small estate has a will. County-specific handling still needs hardening. (SCPA Article 14)
Creditor claim window
Creditors generally have 7 months from case-specific fiduciary authority and claims process to bring claims against the estate. (Verify under SCPA/EPTL for the proceeding)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
3Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the New York small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for probate. If no will exists, it's administration.
Complex assets? Business interests, real estate in multiple states, or contested claims may require Surrogate's Court administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
Use this if the estate is small enough to qualify for your state's simplified small-estate process.
- Qualifies:
- $50,000 or less in personal property
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Small estate affidavit or voluntary administration petition
- Certified death certificate
- Original will if the decedent died with a will
- Names and addresses of the closest living relatives and people named in the will, if any
- Asset list with values, account numbers, serial numbers, or other identifying details when available
- Family tree affidavit, renunciation, or other supporting materials if required by the court
- $1 voluntary administration filing fee
Use this if the estate is larger or more complex and does not qualify for a simplified option.
- Qualifies:
- Larger estates, or when no simplified option fits
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Certified death certificate
- Copy of the paid funeral bill
- Petition for Letters of Administration from the New York Surrogate's Court forms set
- Names and addresses of distributees
- List of known assets and debts
- Citation, waiver, consent, renunciation, bond, family-tree, or due-diligence materials if required by the form set or court
- Filing fee based on estate value under SCPA 2402
Use this if the estate is larger or complicated and does not fit a simplified option.
- Qualifies:
- Estate over thresholds or complex situations
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Original will
- Certified death certificate
- Probate petition from the New York Surrogate's Court forms set
- Names and addresses of distributees and beneficiaries
- Citation, waiver, consent, fiduciary, bond, or supporting affidavits if required by the form set or court
- Filing fee based on estate value under SCPA 2402
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Steuben County Surrogate's Court self-help and clerk resources can help you understand forms and filing requirements at no cost.
Visit Self-Help Center