The New York Probate Process, Step by Step

Settling a loved one’s estate feels overwhelming when you have never done it. The truth is that New York probate follows a fairly consistent sequence. Knowing the steps in advance turns an intimidating court process into a checklist. Here is what probate in a New York Surrogate’s Court looks like from start to finish.

Step 1: Locate the Will and the Death Certificate

Start by finding the original signed will, not a photocopy. New York wills generally follow the signing and witnessing formalities of EPTL 3-2.1, and the court wants the original. Order several certified copies of the death certificate from the city or town where the person died; you will need them throughout.

Step 2: File the Probate Petition

The named executor files a probate petition with the Surrogate’s Court in the county where the deceased lived, under the Surrogate’s Court Procedure Act (SCPA). The petition includes the will, the death certificate, an estimate of the estate’s value, and the names and addresses of the heirs and beneficiaries. A filing fee based on estate size is paid at this stage.

Step 3: Notify the Heirs (Citation)

Everyone who would inherit if there were no will, the “distributees,” must be given legal notice and a chance to object. If they all sign waivers consenting to probate, the case moves quickly. If someone cannot be found or refuses to sign, the court issues a citation requiring them to appear. This step is where uncontested and contested estates diverge.

Step 4: The Court Issues Letters Testamentary

Once the Surrogate is satisfied the will is valid and the heirs are properly notified, the court admits the will to probate and issues letters testamentary. This document is the executor’s badge of authority; banks, brokerages, and the DMV will ask to see it before releasing anything.

Step 5: Gather and Value the Assets

The executor now inventories everything the estate owns: bank and investment accounts, real estate, vehicles, and personal property. Each asset is valued as of the date of death. Remember that assets passing outside the will, like jointly owned property, beneficiary-designated accounts, or property in a revocable trust under EPTL Article 7, are handled separately and not part of this probate inventory.

Step 6: Pay Debts, Expenses, and Taxes

Before anyone inherits, valid creditor claims, funeral expenses, and administration costs are paid from estate funds. The executor also handles any final income tax return and checks for estate tax. Most New York estates owe none, since the 2026 exclusion is $7,350,000, but estates above the cliff of roughly $7,717,500 are taxed on the full value, so large estates need careful review.

Step 7: Distribute and Close the Estate

With debts and taxes settled, the executor distributes the remaining assets to the beneficiaries named in the will. Beneficiaries typically sign receipts and releases confirming what they received. The executor then closes the estate, either informally with signed releases or by filing a formal accounting with the Surrogate’s Court.

Talk to a New York Attorney

This sequence covers a typical uncontested estate; will contests, missing heirs, or contested accountings add steps and time. Because the SCPA and EPTL have specific requirements at each stage, it is wise to walk through your particular estate with a New York probate attorney before filing in your local Surrogate’s Court.