Probate is the court process that proves a will is valid and authorizes the executor to settle the estate. In New York City, probate happens in the Surrogate’s Court of the decedent’s borough of domicile — Manhattan, Brooklyn, Queens, the Bronx, or Staten Island. A straightforward NYC estate often takes roughly 7 to 14 months, longer if there is a co-op transfer, a will contest, or a backlog in a high-volume borough court.
Letters testamentary (definition): The court document that proves the executor’s legal authority to act for the estate.
How long does probate take in NYC?
For an uncontested estate with a clear will, expect several months from filing to letters, then additional time to pay debts, handle the co-op or condo transfer, and distribute. High-volume boroughs (Brooklyn, Queens) and any contest can extend timelines well beyond a year. Small estates may qualify for a faster track (see below).
Step-by-step: the NYC probate process
Step 1 — Locate the original will. Find the signed original (not a copy). The executor named in it will petition the court.
Step 2 — File the probate petition. Under SCPA 1402, file a petition with the Surrogate’s Court of the decedent’s borough, along with the original will and a certified death certificate. All five boroughs accept e-filing through NYSCEF.
Step 3 — Notify distributees by citation. Every person who would inherit if there were no will (the distributees) must receive notice. Those who do not sign waivers are served with a citation to appear.
Step 4 — The court issues letters testamentary. Once the court is satisfied the will is valid and notice is complete, it admits the will and issues letters testamentary, empowering the executor to act.
Step 5 — Marshal and inventory the assets. The executor collects accounts, secures the co-op or condo, and inventories everything the estate owns.
Step 6 — Pay debts, expenses, and taxes. Notify creditors, pay valid claims in priority order, and file any required New York and federal estate-tax returns. See our estate tax guide.
Step 7 — Handle the co-op or condo transfer. For a co-op, the executor works with the co-op board to transfer or sell the shares; for a condo or any NY real property, title transfers by deed from the estate.
Step 8 — Distribute to beneficiaries. After debts and taxes, the executor distributes the remaining assets according to the will.
Step 9 — Account and close. The executor provides an informal accounting with beneficiary releases, or files a judicial accounting if anyone objects, then closes the estate.
Required documents checklist
- Original signed will (with any codicils)
- Certified death certificate
- Probate petition (SCPA 1402)
- List of distributees and their addresses
- Family tree / affidavit of heirship (if relationships are unclear)
- Asset values for the petition and any tax filings
What are the NYC probate filing fees?
Surrogate’s Court filing fees are set by SCPA 2402 and graduated by the estate’s value. The schedule is the same across all five boroughs:
| Estate value | Filing fee (SCPA 2402) |
|---|---|
| Under $10,000 | $45 |
| $10,000–$19,999 | $75 |
| $20,000–$49,999 | $215 |
| $50,000–$99,999 | $280 |
| $100,000–$249,999 | $625 |
| $250,000–$499,999 | $1,250 |
| $500,000 and over | $1,250 |
Fee amounts are set by statute; verify the current schedule before filing.
Where do you file NYC probate?
You file in the Surrogate’s Court of the borough where the decedent was domiciled:
- Manhattan — New York County Surrogate’s Court, 31 Chambers Street, NY 10007
- Brooklyn — Kings County Surrogate’s Court, 2 Johnson Street, Brooklyn 11201
- Queens, Bronx, Staten Island — each borough’s own Surrogate’s Court
Venue is fixed by SCPA 205 and cannot be moved to a more convenient borough. Learn more on our Surrogate’s Court page.
Probate vs. administration
Probate: Used when there is a will — the court validates it and appoints the executor. Administration: Used when there is no will — the court appoints an administrator, and assets pass per intestacy (EPTL 4-1.1).
When does a small estate qualify for voluntary administration?
Under SCPA Article 13, if the decedent’s personal property (excluding real property) is $50,000 or less, the estate may use voluntary (small estate) administration — a simpler, faster, cheaper process than full probate. Note that a co-op counts as personal property and can push an estate over the $50,000 threshold.
Frequently asked questions
Can I avoid probate in NYC? Yes — assets in a funded revocable trust, joint accounts, and beneficiary-designation accounts pass outside probate. See our trusts guide.
Do all five boroughs use the same probate rules? Yes. The EPTL and SCPA apply citywide; what differs is the courthouse, caseload, and local timelines per borough.
How much does an NYC probate lawyer cost? Fees vary by complexity. Executor commissions are set by statute (SCPA 2307) — see our executor duties page.
What if the co-op board delays the transfer? The executor still controls the shares once letters issue, but most boards require their standard transfer/approval process, which can add weeks or months to closing the estate.
Get the probate process handled correctly
Russel Morgan guides executors through every step in the right borough court. Book a 30-minute consultation.