Probate in New York

In the state of New York if the person who died had a Will, the Will must be filed in New York’s Surrogate’s Court and approved for probate. Probate is the process of proving that the Will is valid. During probate, the Will is proved to the satisfaction of the Court that it’s the Last Will and Testament of the person who died. Once the Judge in Surrogate’s Court, who is called the Surrogate, is convinced that the Will is legally acceptable, the Executor named in the Will is appointed to give out everything of value that belonged to the person who died and carry out their wishes. The Surrogate’s Court oversees this process.

If the Decedent died without a Will, then an administration proceeding should be filed. If the Decedent had less than $50,000 of personal property with a Will or without a Will, then a small estate, also called a Voluntary Administration proceeding, can be filed instead.

The length of time required to complete the probate process varies widely. If all heirs can be located, the will is uncontested, no appraisals are needed, and the debts are easily resolved, probate can be completed in three to six months. In more complex cases, especially those involving a contested will, probate can take years to be completed.