How Long Does It Take to Receive an Inheritance in New York?

By Albert Goodwin, estate attorney admitted in New York, practicing in the Surrogate's Courts of New York City and Long Island. This page is written for beneficiaries and heirs who are waiting to be paid. For an executor's step-by-step calendar of the probate process, see A Sample NYC Probate Timeline.

The Short Answer

In New York, a beneficiary of a simple, uncontested estate usually receives a final distribution eight to twelve months after death. The clock has two parts. First, the executor or administrator needs letters from the Surrogate's Court, which takes roughly two to four months in a cooperative estate. Second, creditors have seven months from the date letters issue to present claims under SCPA § 1802. Most fiduciaries wait until that window closes before paying beneficiaries. Taxes, real estate sales, missing heirs, and disputes add time on top of that.

These ranges reflect what we see in Surrogate's Court practice in New York City and the surrounding counties. They are estimates. An estate that falls into more than one row will usually take as long as the slowest row.

The Two Dates That Control Your Payment

1. The date letters issue

Nothing can be distributed until the Surrogate's Court issues letters testamentary (when there is a will) or letters of administration (when there is no will). Letters are the court's written authority for the fiduciary to collect assets, pay debts, and make distributions. Until letters issue, banks will not release accounts and title to real property cannot be transferred. If you want to understand what the fiduciary is going through to get letters, see letters testamentary and letters of administration.

2. Seven months after letters issue

Under SCPA § 1802, a creditor who presents a claim more than seven months after letters first issued cannot hold the executor or administrator personally responsible for assets already paid out in good faith. The seven months run from the first letters issued to anyone, including a preliminary executor or a temporary administrator. Separately, EPTL § 11-1.5 provides that a fiduciary cannot be required to pay a bequest or distributive share before seven months have passed from the grant of letters. Together these two statutes explain why most executors do not pay beneficiaries before month seven, even when the estate looks solvent on day one.

After month seven, a beneficiary who is still unpaid gains two things. Under EPTL § 11-1.5, general bequests begin to bear interest at the statutory rate from the end of the seven-month period unless the will says otherwise. And under SCPA § 2102, a beneficiary can petition the court to direct the fiduciary to pay a bequest or share that is due.

How Long It Takes to Get Letters in New York City

The time from death to letters varies more than any other stage, and it depends on who must be notified and how.

All interested parties sign waivers

Every person with a right to object to probate or to the appointment of an administrator is entitled to notice. If each of them signs a waiver and consent, the petition can be submitted without a court date. In an estate with complete paperwork, letters can issue within a few weeks of filing in the less congested counties and within two to three months in the busiest ones.

Someone must be cited

If a distributee or named beneficiary will not sign a waiver, the court issues a citation with a return date. Service must be completed a set number of days before the return date under SCPA § 307, longer for mail service and for people outside New York. If the person cannot be located, the court may require service by publication, which adds a month or more. If the person appears on the return date and objects, the matter becomes contested and the timeline moves to the last row of the table above.

County differences

New York County, Kings County, Queens County, Bronx County, and Richmond County each have their own Surrogate's Court with its own clerk's office, filing procedures, and backlog. In our experience, processing time for an uncontested petition is driven less by the law and more by the volume of filings at that courthouse and the thoroughness of the papers submitted. A petition returned for a missing affidavit of attesting witness, an unsigned waiver, or an incomplete family tree will go to the back of the queue. Nassau and Suffolk Surrogate's Courts follow the same statutes with their own local practices.

Preliminary and temporary letters

When probate will be delayed, a nominated executor can ask for preliminary letters under SCPA § 1412. In an administration, the court may issue temporary letters. These allow the fiduciary to collect assets and pay expenses while the main petition is pending. They also start the seven-month creditor clock early, which can shorten the overall wait for beneficiaries.

Bonds

An administrator usually must post a surety bond in the amount of the estate's personal property unless all distributees consent to dispense with it. An executor must post a bond only if the will requires one or the court orders it. Obtaining a bond takes one to several weeks. The surety company reviews the proposed fiduciary's credit and background, and a poor credit history or a prior bankruptcy can lead to a refusal. When that happens, the family must either find another person to serve or ask the court to appoint a co-fiduciary or the Public Administrator, each of which restarts part of the process. See who can serve as administrator or executor for eligibility problems.

Missing Heirs, Unknown Heirs, and Minor Beneficiaries

Three situations routinely push an estate past the one-year mark even without any dispute.

• Unknown or missing distributees: When there is no will and the decedent had no close family, the petitioner must prove who the heirs are. The court may require a kinship hearing with documentary proof and genealogical records. Under SCPA § 2225, the court can declare that no other distributees exist, but generally not until three years have passed since death unless the proof is strong. See affidavit of heirship.
• Minor or incapacitated beneficiaries: The court appoints a guardian ad litem under SCPA § 403 to review the papers on that person's behalf. The guardian ad litem must file a report before the court will act, and the guardian's fee is paid from the estate.
• Charitable beneficiaries: The New York Attorney General is a necessary party when a will leaves property to charity and must be served and given time to review.

The Tax Bottleneck

Taxes are the most common reason a solvent, uncontested estate takes longer than a year.

New York estate tax (Form ET-706)

A New York estate tax return is required when the gross estate plus adjusted taxable gifts exceeds the New York basic exclusion amount. The exclusion is indexed each year and is published by the Department of Taxation and Finance; you should check the figure for the year of death. The return is due nine months after death. New York has a cliff: if the taxable estate exceeds the exclusion by more than 5 percent, the entire estate is taxed, not just the excess. For estates near the threshold, the executor will not distribute until the return is accepted, because an underpayment comes out of the fiduciary's pocket.

If the estate must file an ET-706 and owns real property in New York, the executor also needs a release of estate tax lien (Form ET-117) before the property can be sold or transferred. That release can take weeks to obtain after the return is filed.

Federal estate tax (Form 706)

The federal return is due nine months after death, with a six-month extension available. The federal exclusion is far higher than New York's, so most New York estates that file an ET-706 do not file a federal 706. When a federal return is required, prudent executors wait for a closing letter or an account transcript showing the return was accepted before making a final distribution. That can add a year or more.

Income tax returns

The decedent's final personal return (Form 1040 and IT-201) is due the following April 15. The estate itself must file fiduciary income tax returns (Form 1041 and IT-205) for each year it earns income. An executor who distributes everything before these returns are filed risks personal liability for any tax due, so many hold back a reserve until the final returns are done.

Real Estate Adds Six Months or More

If the estate's main asset is a house, condo, or co-op, the timeline depends on the sale. Listing and contract typically take two to four months. A co-op sale adds board review. A buyer with financing adds the lender's timeline. If the will leaves the property outright to a beneficiary rather than directing a sale, the deed can be transferred once letters issue and the creditor window has passed, which is faster. If beneficiaries disagree about whether to sell or who gets to live there, see beneficiary living in an inherited house and buying out a co-owner of an inherited residence.

Partial Distributions Before the Estate Closes

You do not always have to wait for the final accounting. Several forms of early payment are available.

• Exempt property for the spouse and minor children: Under EPTL § 5-3.1, the surviving spouse (or, if none, children under 21) takes certain items off the top of the estate: household furniture and appliances, one motor vehicle, books and pictures, and a cash amount, each subject to a statutory cap. These items are not estate assets subject to creditor claims and can be released shortly after letters issue.
• Specific bequests: If the will leaves you a particular item, such as a ring or a specific account, and the estate clearly has enough other assets to cover debts and expenses, an executor can deliver it early without personal risk.
• Interim distributions against a reserve: After month seven, an executor who has identified all claims and taxes can pay a portion of each beneficiary's share while holding back enough to cover what remains. This is common in estates waiting on a tax closing letter.
• Refunding agreements: An executor may ask you to sign a refunding agreement, promising to return money if an unexpected claim appears. Signing one is often the fastest route to an early payment.

Assets That Pass Outside the Estate

Some assets never go through the Surrogate's Court and can be collected within weeks of death with a death certificate. These include life insurance and retirement accounts with a named beneficiary, accounts held in trust for a named person, joint accounts with right of survivorship, and property held in a living trust. If you are the named beneficiary, you deal directly with the bank, insurer, or trustee, not the executor. See bank accounts with no named beneficiary and joint bank accounts after death.

Small Estates: Voluntary Administration

If the decedent's personal property is worth $50,000 or less, the estate may qualify for voluntary administration under SCPA § 1301 and the rest of Article 13. Real property is not counted toward the limit, but the voluntary administrator cannot transfer real property. The clerk issues a certificate rather than full letters, there is no citation process, and distribution often happens within two to six months of death. The $50,000 figure is set by statute and has been raised in the past, so confirm the current threshold for the date of death.

What You Can Do to Shorten the Wait

• Sign the waiver and consent promptly if you have no objection to the will or the proposed fiduciary. A single unsigned waiver forces a citation and a court date.
• Return receipts and releases quickly when the executor is ready to pay. Many executors will not release any share until every beneficiary has signed.
• Give the fiduciary your current address, Social Security number, and payment instructions as soon as they are requested. The estate's tax returns cannot be completed without them.
• Ask for an informal accounting in writing rather than a formal one if you simply want to know where things stand. A formal accounting proceeding adds months.

If the Estate Has Stalled

If letters issued more than a year ago, the estate has no tax return pending, and you have had no explanation for the delay, you have remedies in Surrogate's Court. A beneficiary can compel a formal accounting under SCPA § 2205, petition to compel payment of a bequest under SCPA § 2102, or seek removal of the fiduciary under SCPA § 711 for misconduct or neglect. If assets appear to be missing, a discovery and turnover proceeding can bring them back into the estate. Each remedy has its own page on this site:

• Compelling and objecting to an estate accounting
• Removing an executor or administrator
• Discovery and turnover proceedings
• Resolving conflict between a beneficiary and the executor

Frequently Asked Questions

Can I get paid before the seven months are up?

Sometimes. Exempt property under EPTL § 5-3.1 and specific bequests in a clearly solvent estate can be released early. A general cash bequest or a share of the residue usually waits until after month seven, because EPTL § 11-1.5 says the fiduciary cannot be forced to pay before then and SCPA § 1802 protects the fiduciary only for payments made after the creditor window closes.

Probate is finished. Why have I not received anything?

The decree admitting the will to probate only appoints the executor. Collection of assets, payment of debts, tax filings, and sale of property all happen after that decree. In a simple estate, expect payment six to nine months after letters issue. If a tax return or a property sale is involved, expect longer.

Does the executor have to tell me when I will be paid?

There is no statute requiring a status report on demand, but an executor owes beneficiaries a duty of good faith and must account when the estate closes or when the court orders it. A written request is the right first step. If it is ignored, a compulsory accounting under SCPA § 2205 forces disclosure.

Do I earn interest while I wait?

Under EPTL § 11-1.5, a general bequest (a stated sum of money) earns interest at the statutory rate starting seven months after letters issue, unless the will provides otherwise. A share of the residue does not earn interest in the same way; instead it shares in whatever income the estate earns.

How long does an estate take when there is no will?

About the same as probate if all distributees are known and sign waivers, and often longer if they are not. Administration also usually requires a bond, which can add weeks. See estate administration without a will.

Talk to a New York Estate Attorney

If your inheritance is taking longer than the ranges above and you cannot get a straight answer, we can review the court file, tell you where the estate actually stands, and advise whether a petition is warranted. The Law Offices of Albert Goodwin has offices in Manhattan, Brooklyn, and Queens and appears in Surrogate's Courts throughout New York City and Long Island. Call 212-233-1233 or email [email protected].