State probate guide · New York
How probate works in New York.
New York estate proceedings are handled in Surrogate’s Court. Probate is used when there is a will; administration is used when there is no will. In either case, the court issues letters authorizing the estate representative to act.
The administration process
From appointment to distribution.
- 01
File in Surrogate’s Court
The petitioner submits the will and probate petition, or an administration petition when there is no will.
- 02
Address notice and appointment
Interested parties receive the required citation or waivers, and the court decides whether to issue letters.
- 03
Collect and safeguard assets
The estate representative locates, values, and manages estate property and financial accounts.
- 04
Handle debts and taxes
The estate representative reviews claims, pays proper expenses, and completes required tax work before distributing assets.
- 05
Account and distribute
The estate may close through an informal settlement or a judicial accounting, followed by distribution.
How payment works
Heirs do not pay Probate Ops out of pocket.
When Probate Ops is appointed as estate representative, its compensation is paid from estate assets—not from an heir’s personal funds. Compensation remains subject to applicable law and any required court approval.
Probate Ops does not charge heirs an upfront or personal fee for serving as the estate representative.
- This applies specifically to Probate Ops’s compensation for serving as estate representative.
- Other estate expenses may still reduce the amount ultimately available for distribution.
- Appointment and compensation depend on the estate, applicable law, and court approval.
Official references
Read the source material.
This page is a general educational overview, not legal advice or a fee quote. Court procedure, deadlines, compensation, and available options depend on the estate, governing documents, applicable law, and court approval. Other estate costs may include court, legal, tax, property, and creditor expenses.