How Does Probate Work in NYC? Step-by-Step Through Five Surrogate’s Courts

Probate is the court process that proves a will is valid and authorizes the executor to settle the estate. In NYC, you file in the Surrogate’s Court of the borough where the decedent was domiciled — New York, Kings, Queens, Bronx, or Richmond County — under SCPA 1402. An uncontested NYC estate commonly takes several months to over a year, longer in high-volume boroughs like Brooklyn and Queens. All five courts use NYSCEF e-filing.

This guide walks the full process step by step, with the filing fees, documents, and timelines NYC executors actually face.

How probate works in NYC, step by step

1. Locate the original will. The court needs the signed original, not a copy. Check the decedent’s records, safe-deposit box, or attorney’s files.
2. File the probate petition (SCPA 1402). The named executor petitions the Surrogate’s Court of the borough of domicile, attaching the original will and a certified death certificate, on the NYSCEF e-filing system.
3. Identify and notify distributees / issue citation. Every distributee (the people who would inherit if there were no will) must be notified. Those who consent sign a waiver and consent; those who do not are served with a citation to appear.
4. Court reviews and issues letters testamentary. Once the will is admitted, the Surrogate issues letters testamentary — the executor’s proof of authority. Banks and co-op boards require them.
5. Marshal the assets and prepare an inventory. The executor collects accounts, secures the co-op or condo, and values everything as of the date of death.
6. Notify creditors and pay valid debts and taxes. Outstanding bills, final income taxes, and any NY or federal estate tax are paid from estate funds.
7. Distribute the remaining assets. After debts and taxes, the executor distributes to beneficiaries per the will.
8. Account to the beneficiaries. The executor prepares an accounting — informal (by agreement, with releases signed) or judicial (court-supervised) if beneficiaries dispute.
9. Close the estate. With releases or a court decree, the executor’s job ends.

Letters testamentary (definition): the court document that gives an executor legal authority to act for the estate. The administration equivalent for intestate estates is letters of administration.

Required documents checklist

• Original signed will (with self-proving affidavit if available)
• Certified death certificate
• Completed probate petition (SCPA 1402)
• Family tree / affidavit of heirship identifying all distributees
• Waivers and consents, or addresses for citation service
• Asset list with date-of-death values

A missing self-proving affidavit means the court may require testimony from the witnesses — a common cause of delay. See wills for why that affidavit matters.

NYC filing fees: SCPA 2402

Surrogate’s Court filing fees are set by SCPA 2402 and are graduated by the value of the estate. The structure (illustrative — verify current amounts):

Estate value	Filing fee (approx.)
Under $10,000	Lowest tier
$10,000–$20,000	Low
$20,000–$50,000	Moderate
$50,000–$100,000	Higher
$100,000–$250,000	Higher still
$250,000–$500,000	Higher
Over $500,000	Top tier

The same SCPA 2402 schedule applies in all five boroughs. Certified copies of letters carry small additional fees.

Where to file: the five NYC Surrogate’s Courts

Borough	County	Surrogate’s Court
Manhattan	New York County	31 Chambers Street, New York, NY 10007
Brooklyn	Kings County	2 Johnson Street, Brooklyn, NY 11201
Queens	Queens County	Queens County Surrogate’s Court (verify current address)
Bronx	Bronx County	Bronx County Surrogate’s Court (verify current address)
Staten Island	Richmond County	Richmond County Surrogate’s Court (verify current address)

Venue is set by the decedent’s domicile under SCPA 205-206 — not by where property is located. A Manhattan resident who owned a Brooklyn rental still probates in New York County. See the Surrogate’s Court page for jurisdiction details.

Timeline expectations in NYC

Caseload drives timing. New York County (Manhattan) sees many high-value, contested estates that lengthen the process. Kings (Brooklyn) and Queens are high-volume courts where routine matters can simply take longer to be reached. A clean, uncontested estate with cooperative heirs might wrap in roughly 7–12 months; add a will contest or a co-op transfer, and it can run well beyond a year. NYSCEF e-filing has improved access but does not eliminate court queues.

Probate vs. administration

If there is a valid will, the process is probate. If there is no will, it is administration, and the court issues letters of administration to an administrator chosen by the SCPA 1001 priority list. The mechanics overlap, but the petition and notice rules differ. See executor duties for both roles.

Small-estate / voluntary administration: SCPA Article 13

If the decedent’s personal property (excluding real estate) is $50,000 or less, the estate may qualify for voluntary administration under SCPA Article 13 — a simplified, low-cost process handled by a “voluntary administrator” without full probate. It is a major time-saver for modest NYC estates, but note that a solely owned co-op or condo usually pushes an estate past the threshold.

Frequently asked questions

How much does probate cost in NYC? Court filing fees follow the SCPA 2402 graduated schedule (verify current amounts). Add attorney fees, executor commissions under SCPA 2307, and any appraisal costs. See executor duties.

Can I avoid NYC probate? Yes — assets in a funded revocable trust, jointly held property, and beneficiary-designation accounts skip probate. A solely owned co-op does not, unless placed in a trust.

Do all five boroughs follow the same probate rules? Yes. The SCPA governs statewide, so the steps and fees are identical; only the courthouse, caseload, and local timelines differ by borough.

What if the heirs do not agree? A contested estate moves into litigation — objections, SCPA 1404 examinations, and possibly a trial. See contested estates.

Get help with a NYC probate

Probate is manageable but procedural, and a single misstep on notice or the petition can reset the clock. Book a 30-minute consultation with Russel Morgan.