Probate Lawyers in New York: Your Guide to Surrogate's Court

Probate is the court-supervised process of proving a deceased person's will, appointing a fiduciary, and authorizing that person to collect assets, pay debts, and distribute the estate. In New York, probate and estate administration are handled by the Surrogate's Court of the county where the decedent was domiciled at death. This page explains how the New York probate process actually works, what it costs, how long it takes, and when you do (and do not) need it. For each subtopic we link to a deeper guide so you can drill down to your exact situation.

The Law Offices of Albert Goodwin focuses on New York estate and probate matters in Manhattan, Brooklyn, Queens, and the surrounding counties. Below we walk through the process step by step, cite the controlling New York statutes, and answer the questions clients ask most.

Probate vs. Administration: Which Applies to Your Case?

The path through Surrogate's Court depends on whether the decedent left a valid will:

• Probate (with a will). When there is a will, the named executor petitions the court to admit the will and issue Letters Testamentary. This process is governed primarily by Article 14 of the Surrogate's Court Procedure Act (SCPA).
• Administration (no will). When a person dies intestate (without a will), a close relative petitions for Letters of Administration under SCPA Article 10. The estate is then distributed according to New York's intestacy statute, EPTL § 4-1.1, which sets a fixed order of inheritance among the surviving spouse, children, parents, and other relatives.
• Small estates. If the decedent's personal property is worth $50,000 or less (excluding real property that passes outside the estate), the estate may qualify for voluntary administration under SCPA Article 13 — a simplified, lower-cost alternative to full probate.

If a named executor cannot or will not serve, or a will exists but names no qualified executor, the court may appoint an administrator c.t.a. (cum testamento annexo) to administer the estate under the terms of the will.

The New York Probate Process, Step by Step

1. Locate the original will and the death certificate. Surrogate's Court generally requires the original signed will, not a copy. A lost-will proceeding under SCPA § 1407 is possible but far more difficult.
2. Determine the proper county. The petition is filed in the Surrogate's Court of the county of the decedent's domicile (for example, New York County for Manhattan, Kings County for Brooklyn, Queens County for Queens).
3. File the probate petition. The executor files a Petition for Probate, the original will, the death certificate, and supporting affidavits, and pays the filing fee (see fees below).
4. Identify and serve the distributees. All persons who would inherit if there were no will (the decedent's intestate distributees under EPTL § 4-1.1) must be served with a citation or sign a waiver and consent. This is the most common source of delay, especially when heirs are unknown, hard to locate, or live abroad.
5. Admit the will and issue letters. If no one objects and the will appears properly executed under EPTL § 3-2.1, the court admits the will and issues Letters Testamentary. Where speed is essential, the court may issue preliminary letters under SCPA § 1412, or limited letters for a specific purpose such as commencing a lawsuit.
6. Marshal assets and pay debts. The fiduciary opens an estate bank account, transfers assets into the estate's name, pays valid creditor claims and taxes, and keeps records.
7. Account and distribute. The fiduciary prepares an accounting of all receipts and disbursements and distributes the remaining assets to the beneficiaries, then closes the estate.

For a realistic look at how these stages line up over a calendar, see our sample NYC probate timeline.

How Much Does Probate Cost in New York?

Costs fall into two categories — court fees and attorney fees.

Surrogate's Court filing fees are set by statute (SCPA § 2402) and scale with the size of the estate, ranging from $45 for estates under $10,000 up to $1,250 for estates valued at $500,000 or more. Additional fees apply for certified copies of letters and other certificates.

Attorney fees in New York probate matters are not fixed by statute. They may be charged hourly, as a flat fee for an uncontested probate, or — less commonly — as a percentage. Whatever the arrangement, attorney compensation paid from the estate must be reasonable, and the Surrogate's Court has authority under SCPA § 2110 to review and fix the fee. A straightforward, uncontested probate costs far less than a contested one involving a will contest or discovery and turnover proceeding.

How Long Does Probate Take in New York?

An uncontested probate where all distributees sign waivers and consents can often conclude the appointment of the executor within roughly three to six months, though the full administration (paying debts, filing taxes, distributing, and accounting) frequently takes nine months to over a year. The nine-month figure matters because creditors and the estate tax both key off that period. Contested matters — objections to the will, fights over the right to serve as fiduciary, or hidden assets — can extend the process for years.

Common Complications

• Will contests. A distributee may object on grounds such as lack of due execution, lack of testamentary capacity, undue influence, fraud, or duress. Before filing objections, parties may conduct SCPA § 1404 examinations of the attorney-drafter and the will's attesting witnesses. Learn more on our will contest page.
• Missing or hidden assets. When a third party holds or has transferred away estate property — often joint or "convenience" bank accounts — the fiduciary can bring a discovery and turnover proceeding under SCPA §§ 2103 and 2104 to examine the holder and compel the return of property. See our guide to the discovery and turnover proceeding.
• Out-of-state or non-citizen fiduciaries. SCPA § 707 limits who may serve. A nondomiciliary alien generally cannot serve alone and must serve with a New York co-fiduciary, which is one reason an attorney may serve as administrator c.t.a.
• Accounting disputes. Beneficiaries are entitled to a proper accounting of what the fiduciary did with estate money. Informal accountings that do not meet court formatting standards invite objections; our accounting attorneys page explains how this is handled.

When Probate Is Not Required

Not every asset passes through Surrogate's Court. Assets that transfer by operation of law or contract typically bypass probate entirely, including:

• Property held in a revocable living trust;
• Accounts with a named beneficiary (life insurance, retirement accounts, payable-on-death/Totten trust accounts);
• Real estate and bank accounts held as joint tenants with right of survivorship or, for spouses, as tenants by the entirety.

If most assets pass this way and only a small amount remains, the estate may qualify for voluntary administration under SCPA Article 13. To understand strategies for keeping assets out of court altogether, read how to avoid probate in New York.

Where We Practice

We handle probate throughout the New York City Surrogate's Courts and the surrounding region. If your matter is in Kings County, our Brooklyn probate attorney page covers that court specifically. We also assist with related matters such as removal of a fiduciary and breach of fiduciary duty claims.

Frequently Asked Questions

Do I need probate if there is a will?

In most cases, yes. A will does not transfer assets by itself; it must be admitted to probate so the court can issue Letters Testamentary authorizing the executor to act. The main exceptions are assets that pass outside the will (trust property, beneficiary-designated accounts, and jointly held property) and very small estates that qualify for voluntary administration under SCPA Article 13.

How long does probate take in New York?

An uncontested probate where all interested parties consent can result in the appointment of an executor in roughly three to six months, with full administration commonly taking nine months to over a year. Contested matters take significantly longer.

How much does a probate lawyer cost in New York?

Fees vary by complexity and may be hourly or a flat fee for uncontested matters. Court filing fees are separate and set by SCPA § 2402 based on estate size. Attorney fees paid from an estate must be reasonable and are subject to court review under SCPA § 2110.

What if there is no will?

A close relative petitions for Letters of Administration under SCPA Article 10, and the estate is distributed under New York's intestacy law, EPTL § 4-1.1.

Who can serve as executor or administrator?

SCPA § 707 governs eligibility. Felons, infants, incompetents, and certain non-domiciliary aliens may be disqualified or may need to serve alongside a qualified New York co-fiduciary.

About Albert Goodwin

Albert Goodwin is the principal attorney at the Law Offices of Albert Goodwin, concentrating in New York estate, probate, and Surrogate's Court matters. You can read more about his background and admissions on the About Albert Goodwin page.

Speak With a New York Probate Lawyer

Whether you need to be appointed executor, are facing a will contest, or believe estate assets are being withheld, we can help you navigate Surrogate's Court. The Law Offices of Albert Goodwin has offices in New York City, Brooklyn, NY, and Queens, NY. Call 212-233-1233 or email [email protected] to discuss your matter.

This page is for general information about New York probate law and is not legal advice. Every estate is different; consult an attorney about your specific situation.