NY risk area
Probate risk in New York
Court-supervised estate process, timing, cost exposure, and public record requirements.
New York allows a voluntary administration (small estate) proceeding when personal property is $50,000 or less and there is no sole-owner real property.
How long does probate typically take here?What costs and fees should families expect?What becomes public during probate?
At a glance
Key takeaways
- A small estate is personal property with a gross value of $50,000 or less.
- Real property owned solely by the decedent is not eligible for voluntary administration.
- Voluntary administration is available whether or not there is a will.
- Voluntary administration is filed in the Surrogate's Court of the county where the decedent lived.
Questions to consider
Questions this risk area helps you evaluate in New York
- How long does probate typically take here?
- What costs and fees should families expect?
- What becomes public during probate?
State overview
New York allows a voluntary administration (small estate) proceeding when personal property is $50,000 or less and there is no sole-owner real property.
- A small estate is personal property with a gross value of $50,000 or less.
- Real property owned solely by the decedent is not eligible for voluntary administration.
- Voluntary administration is available whether or not there is a will.
- Voluntary administration is filed in the Surrogate's Court of the county where the decedent lived.
Sources
- https://www.nysenate.gov/legislation/laws/SCP/1301
- https://www.nycourts.gov/courthelp/WhenSomeoneDies/smallEstate.shtml
Risk sources
- Uniform Probate Code (2019) - Probate of wills and administration
Article III covers appointment, notices, creditor claims, and small-estate collection (Section 3-1201).
National sources provide baseline context; state statutes and court rules control in New York.