Probate is the legal process by which a deceased person’s will is validated by the Surrogate’s Court, and their assets are distributed according to their wishes. If there is no will, the process is called “administration,” and assets are distributed under New York’s intestacy laws.

We have an online form to compile all the information we need. Please use the button "Estate Probate Intake" to complete that form. The information collected includes things such as:

• Decedent’s full name, date of death, and last known address

• County of residence at time of death (important for filing)

• Original will (if any)

• List of heirs, beneficiaries, and next of kin

• Summary of assets (real estate, bank accounts, investments, personal property)

• Names and contact info for all interested parties

• Prepare and file a “Petition for Probate” (if there’s a will) or “Petition for Letters of Administration” (if no will) with the Surrogate’s Court in the county where the decedent lived.

• Submit the original will, certified death certificate, and required court forms.

• Pay the court filing fee (varies by estate size). The fees required are based on the amount of the estate's assets.

Serve notice (“Citation”) to all heirs, beneficiaries, and anyone with a legal interest in the estate.

Obtain "Waivers and Consents" from parties who agree with the petition, or schedule a court hearing if there are objections.

• The Surrogate’s Court reviews the petition and supporting documents.

• If approved, the court issues “Letters Testamentary” (for executors named in a will) or “Letters of Administration” (for administrators if no will).

• These documents give the executor/administrator legal authority to act on behalf of the estate.

• Collect and safeguard all estate assets.

• Open an estate bank account.

• Obtain appraisals for real estate and valuable property as needed.

• Notify creditors and pay valid debts, taxes, and expenses of administration.

• File required tax returns (estate, income, and possibly federal estate tax).

• Prepare an accounting of all estate transactions.

• Distribute remaining assets to beneficiaries or heirs according to the will or NYS law.

• Obtain receipts and releases from beneficiaries.

• WAIT 9 MONTHS TO CLOSE THE ESTATE (NYS gives creditors time to bill the etstae).

• After the 9-month waiting period, the debts have been paid, and the assets have been distributed...

• File a final accounting with the court (if required).

• Obtain a court order discharging the executor/administrator and officially closing the estate.

• Experienced Guidance: Over 20 years of experience supporting NY attorneys and families through probate.

• Clear Communication: We explain every step and keep you informed.

• Cost-Effective: We help streamline the process and avoid unnecessary delays or expenses.

• Ready to begin or have questions about probate in New York? 

• Contact us for a confidential consultation, or visit the NY Courts Probate Resource Page for official forms and information.