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New York Probate Guide

County-specific probate filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in New York.

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Settled Estate is not a law firm and does not give legal advice.

New York Probate Self-Help and Online Resources

New York probate source navigation starts with state court, form, agency, legal-help, or referral links that are already tracked in Settled state data. These links are state-level starting points, not county-specific filing instructions.

Which New York probate source should you use?

  • Start with the state court, form, or self-help source for general New York probate context.
  • Use county filing-office, clerk, register, or court pages for local filing locations, local forms, fee schedules, and records portals.
  • Use legal-help, law-library, or referral links as research or referral paths, not as a substitute for counsel.
  • Verify current filing steps with the county office, court, clerk, register, legal-aid source, or counsel before filing.

New York probate resource questions

Are these New York probate resources county-specific?

No. This map shows state-level source links from Settled data. Use it with the New York county page and the county office handling the estate before filing.

Which New York source should I use first?

Start with the official court, form, or agency source for the task, then confirm local requirements with the county filing office, clerk, register, or office that accepts the filing.

Does the New York Probate Resource Map replace attorney review?

No. The map is source navigation. It helps families find current public sources, but it does not decide eligibility, prepare filings, or replace advice from counsel.

Show all New York self-help resources (17 links)

Statewide process, forms, and code sources

State court, form, statute, agency, and self-help sources for general probate and estate-settlement questions.

County filing-office sources

County court, clerk, register, or filing-office pages for local probate divisions, filing paths, local forms, fee references, and courthouse-specific resources.

Referral-navigation sources

Referral paths for finding certified lawyer-referral services when a family wants help locating counsel.

  • LawHelpNY

    State-level source record in Settled data, accessed 2026-06-03.

Settled pairs these New York source links with county pages, forms, first-step guides, transfer guides, and source notes so families can move from statewide context to the local office that handles the estate.

Types of Probate in New York

New York offers several probate procedures depending on estate value and circumstances.

Most Common

The full court process

Legal name: Formal Probate

Court-supervised administration for estates that do not qualify for a shortcut.

Timeline
6-12+ months
Attorney
Recommended
Simplified

A shorter path for qualifying estates

Legal name: Simplified Probate

A shorter court process that may be available for qualifying estates.

Timeline
Varies
Attorney
Recommended
Small Estates

A shortcut for smaller estates

Legal name: Small Estate Procedure

A limited shortcut for qualifying small estates.

Timeline
Varies
Attorney
Optional

New York Estate Law Overview

New York Estate Tax Info

New York tax information for estates

Yes
State Estate Tax
Yes
Inheritance Tax
Yes
State Income Tax
Federal estate tax info

Federal estate tax only applies to estates exceeding $15,000,000 (2026).

Who Inherits Without a Will?

Intestate succession controls who receives probate property when a New York decedent dies without a valid will.

New York Homestead Protection

New York does not have a Florida/Texas-style constitutional probate homestead shield recorded in these sources. Home transfers are handled through title, TOD deed, survivorship, trust, probate, or administration paths. Property tax exemptions may apply separately.

Exempt Property

EPTL 5-3.1 sets aside specified family exemption property for a surviving spouse, or if none or disqualified, children under age 21. These items are not treated as estate assets to the extent the statute applies.