New York Probate And Estate Administration FAQs 

Probate is the Surrogate’s Court proceeding that validates a decedent’s Last Will & Testament under SCPA § 1402. The Court appoints the executor named in the will, authorizing that person to collect assets, pay debts, and distribute what remains to beneficiaries. If the decedent owned real property or financial accounts titled solely in their name, probate is usually unavoidable. 

No. Assets that pass by operation of law—such as joint bank accounts, TOD/beneficiary designations, and living‑trust assets—skip probate. If the probate estate (personal property only) is under $50,000, you may file a “small‑estate” or voluntary administration under SCPA Art. 13 instead, which is quicker and cheaper. 

A straightforward estate with no objections generally takes 7–9 months from filing the petition to final distribution. Contested matters—will challenges, fiduciary disputes, creditor claims—can extend the timeline to 18 months or more. Early document gathering and experienced counsel can shave months off the process.

Sole‑name bank and brokerage accounts
Real estate titled solely in the decedent’s name
Personal property (vehicles, jewelry, collectibles)
Refunds or checks payable to the estate
Not subject: life‑insurance proceeds with a named beneficiary, retirement accounts with POD designations, joint tenancies with rights of survivorship.

Court filing fees scale with the value of the estate under SCPA § 2402 (currently $45–$1,250). Legal fees vary but are typically billed hourly and reimbursed from estate assets with court approval. Other costs include publication fees, surety bonds (if required), and accounting/tax preparation.

The executor must: (1) marshal estate assets, (2) safeguard and invest prudently under EPTL 11‑1.1, (3) pay valid debts and taxes, and (4) distribute the net estate per the will. Because they owe a “duty of undivided loyalty” to beneficiaries, mismanagement can lead to a surcharge proceeding 

Yes you can avoid probate; common strategies include:
Revocable living trusts
Naming beneficiaries on financial accounts (TOD/POD)
Joint ownership with rights of survivorship
Lifetime gifts or transfers on death deeds (for real property, available since Dec 14 2019 under RPAPL Art. 13)
A holistic estate plan can integrate these tools while minimizing gift & estate tax exposure.

The estate is administered under EPTL § 4‑1.1 (intestacy). The closest living relatives—spouse, children, parents, siblings—inherit in statutory order, and the Court issues Letters of Administration to a qualified distributee. The process is similar to probate but without a will to guide distributions.

Probate = court validation of a will and appointment of the executor.
Estate administration = settlement of any estate (testate or intestate) after Letters are issued, including asset collection, debt payment, tax filings, and distributions. In everyday speech, “probate” is often used for both, but lawyers distinguish the two.

Our NYC probate litigation team represents executors, beneficiaries, and creditors in:
Will contests (capacity, undue influence, improper execution)
Turnover & discovery proceedings under SCPA §§ 2103–2104
Accounting objections & fiduciary surcharge claims
We aim to resolve conflicts efficiently, but we’re trial‑ready when settlement isn’t possible.
Kinship hearings and heirship determinations

The Surrogate’s Court does not require an attorney—but the petition, citation service, notice to distributees, and accounting rules are dense. A clerical misstep can delay the issuance of Letters for months. Retaining counsel means faster filings, fewer objections, and guidance on tax compliance.

Federal estate tax: Applies only if the gross estate exceeds the 2025 federal exemption ($13.61 million). Portability elections must be filed within nine months.
New York estate tax: Threshold is $6.94 million (2025). Beware the “cliff” that taxes the entire estate if over the threshold.
Income tax: The estate files Form 1041 for post‑death income.
Real‑property & transfer taxes: May apply to real‑estate sales.
Proper planning can leverage deductions, charitable bequests, and disclaimers to reduce tax.