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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Types of Probate in New York
New York offers several probate procedures depending on estate value and circumstances. Attorney requirements vary by probate type and local practice.
See the full comparison of New York probate typesWhich procedures exist, who qualifies, and how the timelines compare.Find your county
New York Probate Filing Offices by County
Choose your county to get its probate court contacts, filing fees, and required forms. 62 counties have detailed data.
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New York Probate Guides
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Browse New York guide topics
Jump to court, executor, tax, planning, property, and probate-avoidance guides that match your next task.
Browse New York guide topics
Jump to court, executor, tax, planning, property, and probate-avoidance guides that match your next task.
Probate Basics
4Forms & Court
6Executor Duties
6Taxes & Deadlines
6Planning Documents
6Property Transfer
1New York Probate Self-Help and Online Resources
New York probate resource map by source type
State court, form, statute, agency, and self-help sources for general probate and estate-settlement questions.
County court, clerk, register, or filing-office pages for local probate divisions, filing paths, local forms, fee references, and courthouse-specific resources.
Referral paths for finding certified lawyer-referral services when a family wants help locating counsel.
All New York self-help resources (17 links)Official court, form, law-library, referral, and legal-education links, plus how to use each source
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.
Statewide process, forms, and code sources
State court, form, statute, agency, and self-help sources for general probate and estate-settlement questions.
- New York CourtHelp - Probate
State-level source record in Settled data, accessed 2026-06-03.
- New York CourtHelp - Small Estate / Voluntary Administration
State-level source record in Settled data, accessed 2026-06-03.
- New York SCPA 1301 - Small Estate Definitions
State-level source record in Settled data, accessed 2026-06-03.
- New York EPTL 4-1.1 - Intestate Succession
State-level source record in Settled data, accessed 2026-06-03.
- New York EPTL 5-3.1 - Exemption for Benefit of Family
State-level source record in Settled data, accessed 2026-06-03.
- New York Real Property Law 424 - Transfer on Death Deed
State-level source record in Settled data, accessed 2026-06-03.
- New York SCPA 2307 - Fiduciary Commissions
State-level source record in Settled data, accessed 2026-06-03.
- New York State Department of Health - Death Certificates
State-level source record in Settled data, accessed 2026-06-03.
- New York City Department of Health - Death Certificates
State-level source record in Settled data, accessed 2026-06-03.
- New York DMV - If a Family Member Has Passed Away
State-level source record in Settled data, accessed 2026-06-03.
- New York State Department of Taxation and Finance - Estate Tax
State-level source record in Settled data, accessed 2026-06-03.
- New York State - Counties
State-level source record in Settled data, accessed 2026-06-03.
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.
- New York Courts - Surrogate's Court Forms
State-level source record in Settled data, accessed 2026-06-03.
- New York SCPA 2402 - Surrogate's Court Fees
State-level source record in Settled data, accessed 2026-06-03.
- New York CourtHelp
Court information, DIY forms, Surrogate's Court self-help pages
- New York State Unified Court System
Surrogate's Court information, Court locator, Forms
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.
New York Estate Law Overview
New York Estate Tax Info
New York tax information for estates
Federal estate tax info
Federal estate tax only applies to estates exceeding $15,000,000 (2026).
Who Inherits Without a Will?
Rules for property distribution when someone dies without a valid will.
New York Homestead Protection
CPLR 5206 exempts a principal residence from application to the satisfaction of a money judgment, up to a dollar figure that DEPENDS ON THE COUNTY. New York sets three tiers by name rather than one statewide number, so a single figure is wrong for most of the state.
Exempt Property
EPTL 5-3.1 sets aside specific items of property for a surviving spouse, or for children under twenty-one where there is no surviving spouse or the spouse is disqualified. The statute is emphatic about the mechanism and it is the part most often stated wrongly: these items "are not assets of the estate but vest in, and shall be set off to" the survivor. They do not pass through the estate and are not available to general creditors of the estate.
New York Probate Questions
How much does probate cost in New York?
How long does probate take in New York?
Do I need an attorney for probate in New York?
Are these New York probate resources county-specific?
Which New York source should I use first?
Does the New York Probate Resource Map replace attorney review?
Latest New York Articles
Recent New York probate and estate updates from the blog
Step-Up in Basis vs the New York Estate Tax Cliff
The step-up erases income tax on inherited gains while the New York estate tax cliff taxes whole estates. How the two pull against each other, with numbers.
New York Health Care Proxy Checklist: Agent, Witnesses, and Medical Wishes
New York health care proxy checklist: agent choice, two-witness signing, medical authority, nutrition and hydration wishes, MOLST, and updates.
New York Letters Testamentary: Get Them From Surrogate Court
How to get New York letters testamentary from Surrogate's Court after probate: what executors file, certified copies, cost, and what banks ask for.
New York Probate Deadlines: Executor Watch Dates
New York probate deadlines guide for executors, administrators, and families tracking letters, creditor timing, estate tax, and small-estate filing steps.