Probate is the court process that proves a will is valid, appoints the executor, and authorizes distribution of the estate. In New York City, probate is filed in the Surrogate’s Court of the borough where the decedent was domiciled — Manhattan, Brooklyn, Queens, the Bronx or Staten Island — under SCPA 1402. A straightforward, uncontested NYC estate often takes roughly seven to twelve months; contested or co-op-heavy estates take longer.
Because all five boroughs are separate courts on the NYSCEF e-filing system, the steps below apply citywide, but the court you file in is set entirely by domicile.
How long does probate take in NYC?
For an uncontested estate with cooperative beneficiaries, expect roughly 7–12 months from filing to distribution. High-volume boroughs (Kings and Queens), will contests, missing heirs, or a co-op board approval can each add months.
Step-by-step: the NYC probate process
- Locate the original will. The court needs the signed original, not a copy. Check safe-deposit boxes, the attorney who drafted it, or the home.
- File the probate petition (SCPA 1402). The named executor petitions the Surrogate’s Court of the borough of domicile, attaching the will and death certificate.
- Notify distributees and issue citations. Everyone who would inherit under intestacy (EPTL 4-1.1) must receive notice; those who don’t sign waivers are served a citation to appear.
- Obtain letters testamentary. Once the court admits the will, it issues letters testamentary — the document banks, co-op boards and brokerages require to recognize the executor’s authority.
- Marshal and inventory assets. The executor collects accounts, secures the co-op or condo, and values the estate.
- Pay debts, expenses and taxes. Creditors are paid in statutory priority; final income and any NY estate tax returns are filed.
- Distribute to beneficiaries per the will’s terms, obtaining receipts and releases.
- Account and close. The executor provides an informal accounting (releases signed by beneficiaries) or, if needed, a judicial accounting before the court for final discharge.
Definition — Letters testamentary: the court document proving the executor’s authority to act for the estate.
Required documents checklist
- Original signed will (with any codicils)
- Certified death certificate
- Probate petition (SCPA 1402)
- Family tree / affidavit of heirship identifying distributees
- Waivers and consents or citations for non-consenting heirs
- Asset list and date-of-death valuations
NYC filing fees (SCPA 2402)
Filing fees are graduated by estate value under SCPA 2402:
| Estate value | Filing fee (verify current schedule) |
|---|---|
| Under $10,000 | Lowest tier |
| $10,000 – under $20,000 | Low tier |
| $20,000 – under $50,000 | Mid tier |
| $50,000 – under $250,000 | Higher tier |
| $250,000 and above | Highest tier (typically the statutory maximum) |
Confirm the exact current dollar amounts with your borough’s court before filing.
Where to file: your borough’s Surrogate’s Court
| Borough (county) | Surrogate’s Court |
|---|---|
| Manhattan (New York County) | 31 Chambers Street, New York, NY 10007 |
| Brooklyn (Kings County) | 2 Johnson Street, Brooklyn, NY 11201 |
| Queens (Queens County) | Queens County Surrogate’s Court (verify current address) |
| The Bronx (Bronx County) | Bronx County Surrogate’s Court (verify current address) |
| Staten Island (Richmond County) | Richmond County Surrogate’s Court (verify current address) |
Venue follows SCPA 205–206 — domicile, not where assets sit. A Manhattan decedent’s Brooklyn rental property is still probated in New York County.
Timeline expectations by borough caseload
Manhattan (New York County) handles many high-value estates with more examinations and contests. Kings and Queens are high-volume, so routine matters can move slower simply due to caseload. Smaller-volume Richmond County can be quicker for uncontested estates. Plan around your specific court — detailed in the NYC estate guide.
Probate vs. administration
Definition — Probate: the process used when there is a will. Definition — Administration: the process when there is no will; the court appoints an administrator under SCPA 1001 priority and distributes per EPTL 4-1.1 intestacy.
The mechanics overlap, but administration follows the intestacy statute rather than a will. See executor and administrator duties.
When the small-estate (voluntary administration) procedure applies
If the decedent’s personal property is under $50,000 (excluding real property that passes outside the estate), the family can often use voluntary administration under SCPA Article 13 — a streamlined, lower-cost process handled by a Voluntary Administrator without full probate. Note that NYC co-op shares count toward that $50,000 cap, so apartment-owning estates rarely qualify.
Frequently asked questions
Can I avoid NYC probate entirely? Yes — assets in a funded revocable trust, jointly held property, and beneficiary-designation accounts pass outside probate.
What if the original will is lost? A lost will can sometimes be admitted, but it requires extra proof and a harder showing in Surrogate’s Court — keep the original safe.
Do all five boroughs e-file? Yes. All NYC Surrogate’s Courts use NYSCEF, though some filings still require submitting the original will in paper.
How much does an executor get paid? Statutory commissions under SCPA 2307 — see executor duties.
Get help with NYC probate
To probate a New York City estate efficiently, book a 30-minute consultation with Russel Morgan of Morgan Legal Group. Informational only; not legal advice.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.