This FAQ answers the questions people actually ask about probate “in New York” — starting with the one that trips everyone up: which New York? Because the bare term can mean New York County (Manhattan, 31 Chambers Street), New York City’s five boroughs, or the whole state, each answer below is scoped to the court the decedent’s domicile selects under SCPA 205. Every answer stands on its own and cites the controlling statute.
Which court and where to file
Which “New York” Surrogate’s Court handles my estate? It depends on the decedent’s county of domicile (SCPA 205). “New York County” means Manhattan — the Surrogate’s Court at 31 Chambers Street, NY 10007. “New York City” splits across five borough courts. “New York State” has sixty-two county courts. You file where the decedent was legally domiciled, not where the property sits.
Is New York County the same as New York City? No. New York County is just the Borough of Manhattan — one of NYC’s five counties. Brooklyn (Kings), Queens, the Bronx, and Staten Island (Richmond) each have their own Surrogate’s Court. A Brooklyn estate cannot be filed in Manhattan.
Where do I file if my parent lived in Manhattan but died elsewhere? At the New York County Surrogate’s Court, 31 Chambers Street, by domicile under SCPA 205. Where someone dies doesn’t control venue — where they were domiciled does.
What if the decedent lived out of state but owned a Manhattan apartment? You open the primary probate in their home state and an ancillary proceeding in New York County under SCPA 206 to deal with the New York property.
Process and timelines
How long does probate take in Manhattan? A clean, uncontested New York County estate with a self-proved will typically runs about 8 to 14 months. The seven-month creditor period (SCPA 1802), estate-tax filing, and — very often — co-op board approval drive the timeline. Contested estates take much longer.
What is the first step in New York probate? Confirm the decedent’s county of domicile (it fixes venue under SCPA 205), locate the original will, then file a probate petition under SCPA 1402 with a certified death certificate. The full sequence is on the probate process page.
What’s the difference between probate and administration? Probate applies when there’s a valid will (the named executor is appointed). Administration applies when there’s no will (the court appoints an administrator by SCPA 1001 priority, and the estate passes under EPTL 4-1.1 intestacy).
Documents and legal questions
What makes a New York will valid? Under EPTL 3-2.1, the will must be in writing, signed at the end by the testator, and witnessed by two people who sign within 30 days of each other, with the testator declaring it’s their will. See wills.
What happens if I die without a will in New York? EPTL 4-1.1 controls. A spouse with children takes the first $50,000 plus half, the children share the rest; a spouse with no children takes everything; children with no spouse share equally. The state inherits only if no relatives qualify.
Can I avoid probate entirely? Yes — funded living trusts, jointly owned property, and beneficiary-designation accounts pass outside probate. In co-op-heavy Manhattan, a board-approved trust or joint ownership is usually the only way to skip Surrogate’s Court for the apartment. See trusts.
Costs and fees
How much does it cost to file probate in New York? The Surrogate’s Court filing fee is graduated by estate value under SCPA 2402 — historically from roughly $45 for the smallest estates up to $1,250 for estates of $500,000 or more. Verify the current fee with the court; attorney and other costs are separate.
How much does an executor get paid? Statutory commissions under SCPA 2307 are graduated: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4 million, and 2% above $5 million. Family-member executors often waive the commission. See executor duties.
Does New York have an inheritance tax? No. New York has an estate tax (Tax Law Article 26) on the estate, not an inheritance tax on the heir, and no separate gift tax — though it adds back gifts made within three years of death. Watch the estate-tax “cliff.” See estate taxes.
Local-specific questions
Why is a Manhattan co-op different in probate? A co-op is shares plus a proprietary lease — personal property, not real estate. Title passes through the cooperative corporation, and the co-op board typically must approve the inheriting beneficiary, which can take longer than the court process itself.
Is there transfer-on-death (TOD) for New York real estate? No. New York has no TOD deeds. A home or co-op can avoid probate only through joint ownership or a properly funded, board-approved trust.
Where is the New York County Surrogate’s Court? At 31 Chambers Street, New York, NY 10007 — the 1907 Hall of Records at Chambers and Centre Streets, with a Help Center (Room 302, verify) and NYSCEF e-filing for many matters.
When you need a lawyer
Do I need an attorney for New York probate? Not legally — you can file pro se, and the Help Center reviews forms. But contested probate, high-value or co-op estates, kinship disputes, SCPA 1404 examinations, or estate-tax cliff exposure usually warrant counsel, because the procedural traps are where pro se filings stall.
Still unsure which “New York” applies to you? Book a 30-minute consultation with Russel Morgan: calendly.com/russel-morgan/30min.
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