How does probate work in New York?

1. Governing Code. New York Surrogate's Court Procedure Act (SCPA) governs procedure; Estates, Powers and Trusts Law (EPTL) governs substantive rules. New York has not adopted the UPC.

2. Court. Surrogate's Court in the county where the decedent was domiciled at death (SCPA § 205).

3. Petition to Open. Petition for Probate (will) or Petition for Letters of Administration (intestate) filed by the named executor or distributee under SCPA § 1402. Citation must be served on all distributees who would inherit if there were no will.

4. Letters Testamentary / Letters of Administration. Issued under SCPA § 702 after probate decree, giving the fiduciary authority. Preliminary Letters Testamentary may be issued under SCPA § 1412 to allow early administration.

5. Notice to Creditors. New York does not require published notice. Creditors generally have 7 months from issuance of Letters to present claims before the fiduciary may distribute without personal liability (SCPA § 1802).

6. Inventory of Assets. Filed within 6 months of issuance of Letters under 22 NYCRR § 207.20.

7. Informal Administration. New York has no true "independent" administration like Texas, but most administration outside the courtroom is unsupervised once Letters issue; court intervention is limited to specific proceedings.

8. Small-Estate Procedure. SCPA Article 13 Voluntary Administration is available when personal property does not exceed $50,000 (real property cannot be transferred this way). Affidavit filed with the Surrogate's Court.

9. Closing. Informal closing by Receipts, Releases, and Refunding Agreements is common; formal Judicial Accounting under SCPA Article 22 when contested.

10. Probate Avoidance. Revocable living trust, joint tenancy with right of survivorship, tenancy by the entireties (real property), POD/TOD accounts, retirement and life insurance beneficiaries. New York does not authorize TOD deeds for real estate.

This is legal information, not legal advice.