New York probate and estate administration

Short answer: New York estates go through the Surrogate's Court in the county where the person lived. Small estates of $50,000 or less in personal property can use a simplified voluntary administration; everything else is a probate (with a will) or administration (without one).

What to expect

  • Small estate: personal property of $50,000 or less, excluding certain family set-asides; real property cannot be handled this way (SCPA 1301).
  • Probate starts with a petition and the original will; everyone who would inherit without the will must be notified or sign a waiver.
  • Creditors generally have seven months from the issuance of letters to present claims before the fiduciary may safely distribute (SCPA 1802).
  • The New York estate tax return (ET-706) and any federal return are due nine months after death.
  • Florida residents who own New York real estate usually need an ancillary proceeding in New York; a revocable trust holding the property avoids it.

Next step

Email the firm through the Contact page with the county, the date of death, and whether there is a will; we will tell you which proceeding fits.

This page is general information, not legal advice, and does not create an attorney-client relationship. Simani Law, PA is licensed in Florida and New York.