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Estate settlement · NY

Probate in New York.

The basics most families need to know. Not legal advice — see the official sources at the bottom of this page, or call a New York estate attorney for the specifics of your situation.

Small estate threshold

Estates under $50,000

New York's 'voluntary administration' (Article 13 of the Surrogate's Court Procedure Act) handles personal property up to $50,000 when there's no real estate. Filed in Surrogate's Court in the county where the deceased lived.

Typical timeline

7–14 months for full probate

New York does not have an informal probate option — full court-supervised probate is the standard path.

New York does not require an attorney for probate, though most families with non-trivial estates use one. Average legal fees: $1,500–$5,000.

Notable quirks

What makes New York different.

  • New York processes probate through Surrogate's Court (not regular probate court).
  • New York has a state estate tax for estates over $7.16M (2025). The 'cliff' is steep: just over the threshold means the entire estate is taxed, not just the excess.
  • If a will exists, the original document must be filed — copies are insufficient. Lost wills are extremely difficult to prove in NY.
  • Real estate generally must go through full probate even when other assets fit small estate.
Key forms

What the executor will file.

  • Voluntary Administration Affidavit
    Article 13 small-estate process.
  • Petition for Probate
    Filed in Surrogate's Court.
  • Letters Testamentary / Letters of Administration
    Issued by the court to authorize the executor/administrator.
Authoritative sources

For the actual current rules.

State rules and thresholds change. These links go to the New York courts and bar association — the source of truth for current forms, fees, and procedures.

Other states

We have probate guides for the 10 most populous states. Pick another:

CaliforniaTexasFloridaPennsylvaniaIllinoisOhioGeorgiaNorth CarolinaMichiganNew JerseyVirginiaWashingtonArizonaMassachusettsTennesseeIndianaMarylandMissouriWisconsinColoradoMinnesotaSouth CarolinaAlabamaLouisiana

This page is general consumer guidance, not legal advice. For complex estates, contested wills, or jurisdiction-specific questions, talk to a licensed New York estate attorney.

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