New York Probate Court

Probate is the legal procedure that ensures a deceased person's assets are distributed to heirs. It involves the settling of debt and the verification of wills. In New York, the Surrogate's Court, a court specifically for estate affairs, handles all things probate. The state also streamlines processes for small estates. This enables some estates to be settled with less expense, paperwork, and in shorter timeframes.

How the Probate Process Works in New York

The probate process starts when a petition is filed in the Surrogate's Court of the county where the deceased lived. This is done by an executor (designated in the will) or another interested person. If there is a will, the court certifies it and gives the executor Letters Testamentary. However, in the absence of a will, the court names an administrator and provides a “Letter of Administration”. A small estate, also known as a voluntary administration proceeding, may be filed instead of a will if the decedent had less than $50,000 in personal property, whether or not they had a will.

After informing the heirs and creditors, the executor or administrator is responsible for creating an estate inventory, paying off outstanding bills and taxes, and allocating assets to beneficiaries. While disputed cases, such as disagreements regarding the legitimacy of the will, might take much longer, uncontested probate proceedings can be finished in six months to a year.

What Are the Costs of Probate in New York?

Probate costs include court filing fees, attorney fees, and executor commissions. The value of the estate determines the filing fees in the Surrogate's Court, which range from $45 for estates under $10,000 to $1,250 for estates over $500,000. Executors are entitled to statutory commissions of 5% of the first $100,000, 4% of the following $200,000, 3% of the next $700,000, and a declining percentage for larger estates. Attorney fees might be flat, hourly, or dependent on the worth of the estate. Certified copies, notices, and appraisals may incur additional costs.

Types of Probate Cases in New York

New York probate cases fall into several categories. These include:

• Testate Probate: When the decedent left a valid will.
• Intestate Probate: When no will exists, assets are distributed under state intestacy law.
• Voluntary Administration (Small Estate Proceeding): For estates valued at $50,000 or less, allowing simplified handling.
• Contested Probate: When disputes arise, they often require litigation in Surrogate’s Court.

New York Probate Court Forms and Filing Instructions

Probate forms are available from local surrogate courts or the New York State Unified Court System platform. You may find probate petitions, renunciations, waivers, affidavits, accountings, and other forms on these platforms. Petitioners should check processes with the local Surrogate's Court clerk, as requirements may vary significantly between counties.

How New York Probate Courts Work at the County Level

Each of New York’s 62 counties has a Surrogate’s Court, applying statewide probate law but managing filings locally. Below are the ten most populous counties:

• Kings County Surrogate’s Court (Brooklyn) – Kings County is one of the busiest probate courts in New York. It offers online case tracking and is only open for in-person appearances.
• Queens County Surrogate’s Court – Queens County provides extensive probate resources and multilingual services. You may be able to get free counsel from the NYS Bar Association on some matters it handles.
• New York County Surrogate’s Court (Manhattan) – This court handles a large caseload, especially complex estate litigation. Court users can file all proceedings electronically through the NYSCEF system except for miscellaneous filings.
• Suffolk County Surrogate’s Court (Riverhead) – Suffolk County offers small estate filing support. The court provides e-filing support.
• Bronx County Surrogate’s Court – Bronx County handles probate cases that often involve contested estates. The court provides DIY forms.
• Nassau County Surrogate’s Court (Mineola) – Nassau County provides detailed filing guides and clerk assistance. The court also offers forms and e-filing protocols.
• Westchester County Surrogate’s Court (White Plains) – This court’s probate services include voluntary administration filings. You can search court filings on WebSurrogate.
• Erie County Surrogate’s Court (Buffalo) – Erie County offers in-person and mail-in probate filings. It provides e-filing options.
• Monroe County Surrogate’s Court (Rochester) – Monroe County handles both formal and voluntary probate cases. This court provides a decedent index on its website.
• Richmond County Surrogate’s Court (Staten Island) – This Surrogate’s Court provides probate guidance and case searches. Richmond County also accepts filings by electronic method.

How to Search Probate Records in New York

The Surrogate's Court in each county is responsible for managing probate records. The name of the decedent, case number, information on the executor or administrator, heirs, estate inventories, and distribution records are usually considered public records. The WebCivil Supreme eCourts portal of the Unified Court System offers online case search services for numerous counties, such as New York, Kings, and Queens. For a fee, you may obtain certified copies from the surrogate's court. If confidentiality is necessary, some records might be sealed.