Veritas Counsel
Home/Legal Guides/Probate/New York

NEW YORK LEGAL GUIDE

How Probate Works in New York

How probate works — opening the estate, notifying creditors, inventorying assets, paying debts and taxes, and distributing to beneficiaries.

Typical timeline

9 months – 2 years

Fastest path

30–90 days (small estate / summary administration)

Filing fee

Varies by county

NY venue

State + county court

Overview

Probate in New York, in plain English

Probate is the court-supervised process of administering a deceased person's estate. The court validates the will (if any), appoints a personal representative (executor or administrator), and oversees the payment of debts and distribution of assets.

Not every asset passes through probate. Assets with named beneficiaries (life insurance, retirement accounts), joint accounts with right of survivorship, and assets held in a living trust pass outside probate.

What follows is the New York-specific version of the probate process — including the rules that most often surprise people, and the typical timeline and cost ranges you should plan for.

The Legal Process

Step-by-step: probate in New York

Each step below shows the typical New York sequence and how long it takes. Steps may overlap; complex cases add discovery and motion practice.

  1. 1

    File the will & petition

    1–4 weeks after death

    File the original will (if any) with the petition to open probate in the county where the decedent lived.

  2. 2

    Notice to heirs & creditors

    30–60 days

    Formal notice to known heirs, beneficiaries, and creditors. Publication notice is also required in most states.

  3. 3

    Personal representative appointed

    1–2 months

    The court issues Letters Testamentary (with a will) or Letters of Administration (without). The representative posts bond if required.

  4. 4

    Inventory & appraisal

    60–120 days

    All probate assets are identified, valued, and reported to the court.

  5. 5

    Creditor claims period

    3–6 months

    Creditors have a statutory window to file claims. The representative reviews and allows or contests each claim.

  6. 6

    Pay debts, taxes & expenses

    Throughout administration

    Funeral, last-illness, administration costs, then secured and unsecured creditors. File final income tax and any estate tax returns.

  7. 7

    Distribute & close

    1–3 months

    After the creditor period, file a final accounting, distribute remaining assets per the will or intestacy law, and close the estate.

Costs

What probate costs in New York

Simple probate typically runs 3–7% of the gross estate when fees, court costs, and bonds are included. Most states allow either an hourly fee or a statutory percentage.

Court filing fee
$200 – $1,200
Attorney fee — simple estate (flat or hourly)
$2,500 – $7,500
Attorney fee — complex/contested
$10,000 – $50,000+
Personal representative fee
2 – 5% of estate
Probate bond (if required)
0.5 – 1% of bond amount/yr
Appraisals & accounting
$500 – $5,000

Ranges are typical New York figures. Your matter's complexity, contested issues, and counsel's experience all move the number.

Attorney Recommendations

Verified New York Probate Law attorneys

Featured attorneys with active New York licenses and probate law practice experience. Each offers a consultation to discuss your matter.

CU
Verified
Featured

Catherine U. Underwood

4.4

Senior Partner · Marchetti Counsel

Albany, NY
Probate LawDeportation Defense
26 yrs expConsult
View Catherine U. Underwood's profile, Probate Law attorney in Albany, NY.
All New York Probate Law attorneysBrowse New York directory

FAQs

Probate in New York — common questions

Can I avoid probate?
+
Yes — through a revocable living trust, beneficiary designations on accounts, transfer-on-death deeds, and joint ownership. Most modern estate plans aim to minimize what passes through probate.
How long does probate take?
+
Most uncontested estates close in 9–14 months. Contested wills, tax issues, or real estate sales can extend that to 2+ years.
Do I need a probate lawyer?
+
Most states either require or strongly encourage counsel for the personal representative. The role carries personal liability, and the procedural rules are unforgiving.
What if there is no will?
+
The estate passes by intestate succession — a state-by-state default distribution scheme, typically to spouse and children first.

Keep reading

Related legal guides for New York

How Divorce Works in New York

A step-by-step guide to how divorce works — filing, residency, property division, custody, and finalization — plus typical timelines and cost ranges.

How Child Custody Works in New York

How child custody is decided — legal vs. physical custody, parenting plans, the 'best interests' standard, and what to expect at every step.

How DUI Works in New York

What happens after a DUI arrest — the criminal case, the license hearing, plea options, and typical penalties for first and repeat offenders.