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What to Do When Someone Dies in New York

What follows is the New York-specific part of the first few weeks. Two things are worth knowing before anything else, because they change what a family has to endure: money can often be released WITHOUT waiting for a court, and where you order the death certificate depends on whether the death was in New York City.

Get Death Certificates
Sources

If You Are the Named Executor in New York

If you are the named executor, personal representative, or the family member organizing a New York estate, start with the records and court tasks below at a steady pace. Each step links to its full instructions in the timeline.

  1. Order death certificates
  2. Locate the original will
  3. Identify estate assets
  4. Check voluntary administration eligibility
  5. Order Death Certificates From the Right Office

Timeline of Tasks

Start with the immediate tasks. Open each later phase as you reach it.

Immediately

Order death certificates
Order death certificates from the correct vital records office
Locate the original will
Locate the original will if one exists
Identify estate assets
Identify probate and nonprobate assets
Check voluntary administration eligibility
Check whether the estate may qualify for voluntary administration

The First Week

Order Death Certificates From the Right Office
New York runs two separate systems. The State Department of Health holds death records for all of New York EXCEPT New York City; the five boroughs are served by the City. An order sent to the State for a death in Brooklyn, Manhattan, Queens, the Bronx or Staten Island cannot be filled.
Ask the Bank About SCPA 1310 Before Anything Else
A surviving spouse can be paid up to $30,000 immediately, with no letters, no court and no waiting period. The statute says "forthwith". Most families do not know this exists and go weeks without access to money.
Know What Never Enters the Estate
EPTL 5-3.1 sets aside specific property for the surviving spouse, or for children under twenty-one where there is no spouse. The statute is emphatic that these items "are not assets of the estate", so estate creditors do not reach them.

The First Month

Check Whether Voluntary Administration Fits
Where the personal property is $50,000 or less, New York offers voluntary administration: no waiting period, no bond, no court order, and a $1 clerk fee to file the affidavit.
Understand When the Creditor Clock Starts
The seven-month creditor period runs from the date letters were FIRST issued, not from the date of death and not from publication. Distributing before it runs exposes the fiduciary personally.
Transfer the Vehicle
One vehicle worth $25,000 or less passes automatically, so the title can be signed over without any court paperwork.

Ongoing

Track creditors
Track creditor issues
Manage estate account activity
Manage estate account activity only after proper authority
Prepare tax filings
Prepare tax filings if required

Who to Notify

Social Security Administration
Call 1-800-772-1213
Employer / HR Department
Phone call or email
Banks & Credit Unions
Visit branch with death certificate
Insurance Companies
Call policy customer service
Credit Card Companies
Call number on card
Utility Companies
Call to transfer or cancel
DMV / Vehicle Registration
Visit in person or online
Post Office
Submit change of address form

Documents to Gather

Death Certificates

Many estates start with 10-15 certified copies because banks, insurers, property-transfer contacts, and agencies may ask for them.

How to get death certificates →

Will & Trust Documents

Look in safe deposit boxes, home safes, attorney files, and records folders.

Probate guide →

Financial Statements

Bank statements, investment accounts, retirement accounts, and recent tax returns.

Asset transfer guide →

There is no rush on this. When you are ready, a short assessment can help you see whether probate is needed.

What Comes Next?

After the first 30 days, you may need to start probate or transfer assets. The New York probate guide walks through what usually comes next.

Read the New York Probate Guide

More New York Resources

Explore the rest of the New York probate hub.

Do I need probate?5 pages
For the executor5 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages