How Probate Works in NYC: Step-by-Step Across 5 Boroughs

Probate is the court-supervised process of proving a will is valid and authorizing an executor to settle the estate. In New York City it happens in the Surrogate’s Court of the decedent’s borough of domicile (SCPA 205) — Manhattan, Brooklyn, Queens, the Bronx, or Staten Island. An uncontested NYC probate commonly takes several months to over a year, depending on the borough’s caseload, the assets involved, and whether anyone objects.

How long does NYC probate take?

For an uncontested estate with cooperative heirs and clean title, expect roughly 6 to 12 months. Larger boroughs with heavy dockets — Kings and Queens in particular — can run longer. A co-op transfer requiring board review, or a will contest, can extend the timeline well past a year.

Step-by-step: probating a will in your NYC borough

1. Locate the original will. The court needs the signed original, not a copy. Search safe-deposit boxes, the home, and the drafting attorney’s files.
2. File the probate petition (SCPA 1402) in the Surrogate’s Court of the decedent’s borough, with the death certificate and supporting papers. All five NYC courts accept e-filing through NYSCEF.
3. Notify the distributees by citation. Everyone who would inherit under intestacy must receive notice and a chance to object; absent or minor heirs may require a guardian ad litem.
4. Obtain letters testamentary. Once the court is satisfied the will is valid, it issues letters testamentary empowering the executor to act.
5. Marshal and inventory assets. The executor collects accounts, secures real property, and values co-op shares and condos as of the date of death.
6. Notify creditors and pay valid debts. Funeral costs, taxes, and legitimate claims are paid in the statutory order before any distribution.
7. File and pay taxes. Final income taxes and any NY or federal estate tax (see the estate-taxes page) must be addressed.
8. Distribute to beneficiaries according to the will once debts and taxes are cleared.
9. Account — informal or judicial. The executor provides an accounting of all activity; beneficiaries may approve it informally, or the court reviews it formally.
10. Close the estate once distributions are complete and releases are obtained.

Letters testamentary: The court document that gives an executor legal authority to act for the estate. Without letters, banks and co-op boards will not deal with the executor.

Required documents checklist

• Original signed will (and any codicils)
• Certified death certificate
• Probate petition (SCPA 1402)
• Family tree / affidavit of heirship identifying distributees
• Asset list with date-of-death values
• Notarized self-proving affidavit, if available

NYC Surrogate’s Court filing fees (SCPA 2402)

Filing fees are graduated by the size of the estate under SCPA 2402:

Estate value	Filing fee (verify current)
Under $10,000	Lowest tier
$10,000–$20,000	Higher
$20,000–$50,000	Higher
$50,000–$250,000	Higher
$250,000–$500,000	Higher
$500,000 and above	Highest tier

Fees are set statewide by SCPA 2402 but apply in each borough’s court. Confirm the exact current amount with the court before filing.

Where do I file probate in NYC?

In the Surrogate’s Court of the borough where the decedent was domiciled:

• New York County (Manhattan) — 31 Chambers Street, New York, NY 10007
• Kings County (Brooklyn) — 2 Johnson Street, Brooklyn, NY 11201
• Queens, Bronx, and Richmond counties — each has its own Surrogate’s Court (verify current addresses)

See more on jurisdiction at the Surrogate’s Court page.

Probate vs. administration

If there is a valid will, the estate is probated. If there is no will, the estate goes through administration under EPTL 4-1.1 intestacy rules, with an administrator appointed instead of an executor. The executor duties page covers both roles.

When a small estate qualifies for simplified handling

If the estate’s personal property (excluding certain real estate and jointly held assets) is $50,000 or less, the family may use voluntary administration (small estate proceeding) under SCPA Article 13 — a faster, lower-cost process that avoids full probate. This is common for NYC renters with modest accounts but no apartment in their sole name.

Frequently asked questions

Can I avoid probate in NYC entirely? Yes — assets in a funded trust, jointly held property, and beneficiary-designation accounts pass outside probate.

Do all five boroughs e-file? Yes. All NYC Surrogate’s Courts use the NYSCEF e-filing system.

What if the decedent owned property in another borough? Venue still follows domicile, not property location — file in the borough where the decedent lived.

Book a 30-minute consultation with Russel Morgan to map out your borough’s probate path.