Probate — New York

The Probate Process in New York

Navigating New York's Surrogate's Court probate process can be overwhelming for families already dealing with loss. Morgan Legal Group guides executors, administrators, and beneficiaries through every stage — from filing the initial petition through final distribution — with clarity, efficiency, and compassion.

Overview

How New York Probate Works

Probate in New York is the court-supervised process by which a decedent's estate is formally administered, debts are paid, and remaining assets are distributed to beneficiaries or heirs. The proceedings take place in the Surrogate's Court of the county where the decedent was domiciled at the time of death — in New York City, this means the Surrogate's Court in each of the five boroughs: New York County (Manhattan), Kings County (Brooklyn), Queens County, Bronx County, and Richmond County (Staten Island). Each county's Surrogate's Court has its own procedures, filing requirements, and processing times, and familiarity with the local practice is essential to efficient administration.

Russel Morgan, Esq. and the Morgan Legal Group team represent executors, administrators, and beneficiaries in probate proceedings throughout New York City and the surrounding counties. Our work spans the full spectrum of probate complexity — from straightforward, uncontested probates completed in under a year to multi-year contested proceedings involving will challenges, fiduciary misconduct claims, complex business assets, and multi-jurisdictional real estate. We approach every probate engagement with the same goal: to protect our client's interests and move the administration forward as efficiently as the law and circumstances allow.

Understanding the process in advance — whether you are an executor preparing to file or a beneficiary waiting to receive your inheritance — is the first step toward navigating it successfully. Morgan Legal Group provides clear, step-by-step guidance through the New York probate process for families across Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau, Westchester, and Suffolk counties.

Key Steps

The New York Probate Process: Step by Step

FAQ

New York Probate — Your Questions Answered

How long does probate take in New York?
The length of the probate process in New York depends heavily on the complexity of the estate, whether the will is contested, and the specific Surrogate's Court county. For a straightforward, uncontested estate with a valid will, clear beneficiary structure, modest assets, and no creditor issues, New York probate can be completed in as few as six to nine months. However, the realistic average for New York City probate — particularly in Manhattan and Brooklyn — is twelve to twenty-four months. Complex estates, contested wills, business interests, real estate in multiple jurisdictions, disputes among beneficiaries, unresolved tax issues, or fiduciary misconduct can extend probate proceedings to several years. The New York City Surrogate's Courts are among the busiest in the country, and simple scheduling delays can add months to the timeline. Key milestones that affect duration include the time to locate and notify all distributees, the creditor claim period (seven months from the date of the first publication), the time to prepare and file the estate accounting, and — for taxable estates — the time to obtain estate tax closing letters. For families who want to avoid these delays entirely, a properly funded revocable living trust is the most effective solution. Morgan Legal Group helps both expedite probate proceedings and prevent them through proactive trust planning.
What is the role of the executor in New York probate?
The executor is the person named in the will to administer the estate through the probate process. Once appointed by the Surrogate's Court through the issuance of Letters Testamentary, the executor has both the authority and the legal duty to perform a wide range of tasks. These include: locating and securing all estate assets; notifying beneficiaries, distributees, and creditors; filing the estate inventory; managing estate assets during administration; evaluating and paying or rejecting creditor claims; filing all required tax returns including the federal estate tax return Form 706 and New York State estate tax return ET-706; preparing and filing an estate accounting if required; and distributing the estate to beneficiaries according to the will's terms. The executor owes fiduciary duties of loyalty, care, and impartiality to the beneficiaries and can be held personally liable for breach of those duties. Executor compensation in New York is set by statute: 5% on the first $100,000 of the estate, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4 million, and 2% on amounts above $5 million. Morgan Legal Group advises executors in fulfilling all of their duties correctly and efficiently, and represents executors in contested proceedings throughout New York's Surrogate's Courts.
What assets go through probate in New York?
In New York, only assets owned in the decedent's individual name at death — with no joint owner and no beneficiary designation — must pass through the Surrogate's Court probate process. Many common assets pass outside of probate entirely. Assets that pass outside probate include: assets held in joint tenancy with right of survivorship, assets in a living trust, assets with beneficiary designations such as life insurance, IRAs, 401(k)s, annuities, and POD/TOD accounts. Assets subject to probate include: real estate titled solely in the decedent's name, bank accounts and brokerage accounts with no joint owner or beneficiary designation, vehicles titled solely in the decedent's name, and personal property without a beneficiary designation. For assets located in other states, a separate ancillary probate proceeding may be required in that state. In New York, the Surrogate's Court has jurisdiction over all probate assets regardless of their location within New York State. Morgan Legal Group helps executors and administrators identify, classify, and properly administer all estate assets in New York probate proceedings.
What happens if someone dies without a will in New York?
When a person dies without a valid will in New York — called dying intestate — their estate is distributed according to New York's intestacy statute found in EPTL §4-1.1. The statute designates which relatives inherit in a fixed order: a surviving spouse and children share the estate with the spouse receiving $50,000 plus one-half of the remaining estate and children sharing the other half equally; if there is no surviving spouse, children inherit equally; if there are no children, the surviving spouse inherits the entire estate; if there is no spouse or children, parents inherit; then siblings; then more remote relatives. If no relatives can be found, the estate escheats to New York State. The probate process for an intestate estate is called an administration proceeding, and the court appoints an administrator rather than an executor. The statutory distribution scheme may not reflect the decedent's actual wishes — particularly for blended families, unmarried partners, or individuals with special circumstances. Intestate administration also triggers the right of election for surviving spouses. Morgan Legal Group advises families navigating intestate estate administration throughout New York's Surrogate's Courts.
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Related Probate Topics

Probate Timeline Surrogate's Court Guide Small Estates Will Contests Executor Responsibilities Estate Administration Letters Testamentary Probate Costs

Additional resources: morganlegalny.com — Probate Overview

Guidance When It Matters Most

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Russel Morgan, Esq. guides executors and families through New York's Surrogate's Court probate process with efficiency and care. Serving all five boroughs and surrounding counties.

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