New York Statewide Probate Guide

Settling an estate after losing someone is difficult. This guide covers what’s consistent across the whole state – thresholds, deadlines, and costs. For your specific county’s Surrogate’s Court address and local filing details, see that county’s page.

Where Probate Happens

New York probate is handled by the Surrogate’s Court in the county where the deceased lived.

Step 1: Does The Estate Qualify For Voluntary Administration?

Voluntary Administration / Small Estate Affidavit (SCPA Article 13)

• The estate must consist entirely of personal property (cash, bank accounts, investments, tangible property) valued at $50,000 or less – this threshold was raised from the earlier $30,000 figure.
• Real property does NOT disqualify the estate, as long as it’s jointly owned with someone else and there’s no plan to sell it – but solely-owned real property that needs to be transferred or sold does disqualify the estate from this process.
• Certain exempt property under EPTL 5-3.1 doesn’t count toward the $50,000 threshold – up to $25,000 in cash, one motor vehicle worth up to $25,000, and household furniture/appliances up to $20,000 can pass to a surviving spouse or children under 21 outside the calculation, which can bring a larger-looking estate under the threshold.
• If the decedent left a will, the named executor becomes the Voluntary Administrator. If there’s no will, priority follows a statutory order: surviving spouse, then children/grandchildren, then parents, then siblings, then nieces/nephews, then aunts/uncles.
• File an “Affidavit in Relation to Settlement of Estate Under Article 13, SCPA” along with a death certificate with the Surrogate’s Court in the county where the decedent lived. New York courts offer a free Small Estate Affidavit Do-It-Yourself program to help prepare this form.
• Filing fee: just $1.00 – a dramatic savings compared to the $280 filing fee that applies to estates in the $50,000-$100,000 range that require full administration.
• Not appropriate if there’s a pending or possible lawsuit (e.g., a wrongful death claim) that could exceed the $50,000 threshold – if the estate turns out to be larger than expected mid-process, the administrator must notify the court and petition to become the full executor or administrator instead.

STEP 2: FULL PROBATE OR ADMINISTRATION (for estates over the threshold or involving solely-owned real property)

1. File with the Surrogate’s Court in the relevant county.
2. With a will: the court admits the will and appoints the named executor.
3. Without a will: the court appoints an administrator, following the statutory priority order.
4. The fiduciary inventories assets, notifies creditors, pays debts and taxes, and eventually distributes the estate.

Timeline

Voluntary Administration can move significantly faster than full probate given the minimal filing requirements. Full probate/administration timelines vary with estate complexity and whether the will (if any) is contested.

Taxes

New York has its own state estate tax, with an exemption threshold that’s periodically adjusted (well below the federal exemption) – confirm the current year’s New York exemption amount, since estates over that threshold owe New York estate tax even if under the federal exemption. New York has no separate state inheritance tax. Only the federal estate tax could separately apply to very large estates (federal exemption $15 million per individual for 2026).

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s Surrogate’s Court address, phone number, and local filing details, visit that county’s page.