This FAQ answers the most common questions about estate planning and probate for residents of New York City’s five boroughs. Each estate runs through the Surrogate’s Court of the decedent’s borough under SCPA 205, applying New York’s EPTL and SCPA. Answers below are concise and statute-grounded so you can act on them — but confirm year-dependent figures and your specific situation with counsel.
Process questions
Which borough’s Surrogate’s Court handles my estate? The court of the borough where you were domiciled at death — your true, permanent home — under SCPA 205. Property location does not matter; a Brooklyn resident with a Manhattan condo is administered in Kings County. See the Surrogate’s Court page.
How long does probate take in NYC? An uncontested estate usually takes about 6 to 12 months. High-volume boroughs like Brooklyn and Queens can run longer, and a co-op transfer or will contest can push it past a year. See the probate process guide.
Where do I file probate in NYC? At your borough’s Surrogate’s Court via NYSCEF e-filing — Manhattan at 31 Chambers Street, Brooklyn at 2 Johnson Street, and the dedicated courts in Queens, the Bronx, and Staten Island (verify current addresses).
Document and legal questions
What makes a will valid in New York? Under EPTL 3-2.1, a will must be in writing, signed at the end by the testator, and witnessed by two people who attest within about 30 days of each other. Missing a formality can void the will. See the wills page.
What happens if I die without a will in NYC? You die intestate, and EPTL 4-1.1 distributes your estate to your closest relatives — for example, a spouse with children takes $50,000 plus half, with the children sharing the rest.
Do I need a trust if I own a co-op? Often yes. A funded revocable trust holding your shares (EPTL 7-1.12) avoids probate and can ease board approval, keeping your apartment out of Surrogate’s Court. See the trusts page.
What incapacity documents should every NYC adult have? A durable power of attorney (GOL 5-1501, 2021 form), a health care proxy (PHL Article 29-C), and a living will. Without them, your family may need an Article 81 guardianship in Supreme Court.
Cost and fee questions
How much does it cost to file probate in NYC? Filing fees are graduated by estate value under SCPA 2402, ranging from a small fee for tiny estates to the top tier for estates of $500,000 or more (verify current amounts). Attorney and other costs are separate.
How much does an executor get paid in New York? Executor commissions are set by SCPA 2307 on a sliding scale — 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, and lower rates above that. Commissions come from the estate.
Will my estate owe New York estate tax? Possibly. New York taxes estates above its exemption, and a harsh “cliff” (the 105% rule) can tax the entire estate if you exceed the exemption by more than 5%. High NYC property values often trigger this. See estate taxes.
Local-specific questions
Can I file in a different borough to get a faster court? No. Venue is fixed by domicile under SCPA 205 — you must file where the decedent lived, even if another borough’s court moves faster.
How does an executor handle a co-op in NYC? After obtaining letters, the executor works with the cooperative’s board to transfer or sell the shares; board approval is usually required, unlike a condo or house. See executor duties.
Does New York have transfer-on-death deeds for apartments? No. New York offers no TOD deeds for real property, so co-ops and condos pass through the estate or a funded trust.
When do I need a lawyer?
Do I need an estate lawyer in NYC? For a small, uncontested estate, families sometimes use the court’s Help Center. But co-op transfers, estates near the tax cliff, contested wills, and kinship issues almost always warrant counsel, because SCPA procedure is unforgiving of mistakes. Book a consultation with Russel Morgan.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.