Probate in New York

When Is Probate Required?

Probate is generally required in New York when:

• The deceased owned real estate solely in their name
• The estate contains assets above the $30,000 small estate threshold
• There are disputes among heirs or creditors
• Assets are not held in a trust, joint tenancy, or have designated beneficiaries

When Probate May Be Avoided

• Assets held in a revocable living trust
• Property owned as joint tenants with right of survivorship
• Accounts with named beneficiaries (life insurance, retirement accounts, POD/TOD accounts)
• Estates that qualify for small estate affidavit procedures

Step-by-Step Probate Process

1. Locate the will and gather the death certificate (you'll need multiple certified copies)
2. File a petition with the New York Surrogate's Court to open probate proceedings
3. Notify heirs and creditors as required by New York law (typically by mail and published notice)
4. Appoint executor/administrator — the court issues Letters Testamentary or Letters of Administration
5. Inventory the estate — identify and appraise all assets, debts, and liabilities
6. Pay debts and taxes — settle outstanding obligations from estate funds, file final tax returns
7. Distribute remaining assets — according to the will or New York intestacy laws
8. Close the estate — file a final accounting with the court and request discharge