You're grieving. And now you're also an executor — responsible for a legal process you've never navigated, in a court system that doesn't slow down for grief. New York probate requires filing documents with Surrogate's Court, notifying heirs and creditors, managing estate assets, paying debts and taxes, and ultimately distributing the estate.
Most executors don't realize: they can be personally liable for errors they make. Paying a creditor who shouldn't have been paid. Missing a tax filing deadline. Distributing assets before creditors are notified. An experienced probate attorney protects you as executor — and keeps the estate moving toward a proper close.
How We Guide You
Four Steps Through New York Probate
1
Consultation — Assess the Estate
We review the will (or intestate situation), identify all assets, determine which require probate, and give you a timeline and fee estimate. Retirement accounts, joint tenancy property, and trust assets pass outside probate — we identify those immediately.
2
File With Surrogate's Court — Letters Testamentary
We file the Petition for Probate in the county Surrogate's Court where the decedent lived and obtain the Certificate of Appointment (Letters Testamentary or Letters of Administration).
3
Estate Administration — Creditors, Taxes, and Accounting
We send notices to heirs and creditors, inventory and value assets, open an estate bank account, manage estate property, pay debts and taxes, and file required court accounts. You stay informed at every step.
4
Distribution and Close — Your Role as Executor Is Complete
We prepare and file the judicial settlement with Surrogate's Court, obtain releases from beneficiaries, distribute assets, and formally close the estate. Your fiduciary duties are discharged.
The Full Process
New York Surrogate's Court — Step by Step
1
File the will with the Surrogate's Court in the decedent's county of domicile
2
Petition for Probate — will, death certificate, list of heirs, and asset inventory
3
Court issues process — notice to interested parties (heirs, creditors)
4
Court appoints executor — issues Letters Testamentary or Letters of Administration
5
Executor marshals assets — collects, values, and accounts for all estate property
6
Creditors notified — formal notice starts the creditor claims period
7
Tax returns filed — NY estate tax return if applicable; decedent's final income tax return
8
Accounting prepared — inventory of income, expenses, and proposed distribution
9
Distribution to beneficiaries with releases
10
Estate closed — Surrogate's Court approval. Timeline: 8–12 months for uncontested estates.
Assets That Avoid New York Probate
✓Property held in a revocable living trust
✓Joint tenancy real estate
✓Retirement accounts with named beneficiaries
✓Life insurance with named beneficiaries
✓POD (payable on death) bank accounts
✓TOD (transfer on death) securities accounts
Your Attorney
Estate Planning Counsel
SV
Sunil Varghese
Georgetown Law · Partner, Estate Planning
New York Bar DC Bar Maryland Bar
Sunil guides executors and administrators through New York probate — from routine estate administration to contested will proceedings in Surrogate's Court. We offer flat-fee administration for straightforward estates and hourly representation for complex matters.
View Full Profile → Common Questions About New York Probate
How long does New York probate take?
Uncontested estates typically take 8–12 months from the filing of the petition to closing the estate. Complex estates, contested wills, or those requiring real estate sales or tax issues take longer.
What assets avoid probate in New York?
Property held in a revocable living trust, joint tenancy real estate, retirement accounts with named beneficiaries, life insurance with named beneficiaries, POD (payable on death) bank accounts, and TOD (transfer on death) securities accounts all pass outside of probate.
Can an executor be removed in New York?
Yes — the Surrogate's Court can remove an executor for cause: failure to perform duties, mismanagement of estate assets, conflicts of interest, or failure to account. We advise executors on how to fulfill their duties properly to avoid this risk.
Are probate fees paid from the estate?
Yes — in New York, executor commissions and attorney fees for probate are paid from the estate's assets, not out of pocket. The statutory executor commission is set by EPTL § 11-1.8. Proper legal representation typically costs less than the mistakes it prevents.
Need help administering an estate? Schedule your New York probate consultation or browse our estate planning FAQ.
Estate Planning Notice: Estate planning laws vary by state and change frequently. This website provides general information only and does not constitute legal advice. A consultation with an attorney licensed in your state is required for legal advice tailored to your situation. Wills and trusts must be executed in accordance with state law or they may be invalid. The information on this site does not create an attorney-client relationship.
