Will Probate Rules in New York State

New York law requires probating a will for any estate where the value of the assets exceeds $30,000. All probate cases are filed in the Surrogate's Court in the county where the deceased resided. The length and complexity of any probate case depends on the type and value of the property in the estate. New York law also provides shortened procedures for estates of small value.

Opening Probate

Probate begins when the person nominated as executor in the will, or other qualified person, files a petition in the Surrogate's Court requesting appointment as executor of the estate. The original will is also filed with the court. Unless someone contests the validity of the will or the appointment of the executor, the court will admit the will to probate and issue letters testamentary authorizing the executor to administer the estate.

Executor's Duties

The executor must take the necessary action to prepare the estate for distribution to the beneficiaries according to the will. In general, the executor begins by taking an inventory of the estate assets. As the inventory is made, the executor should act to preserve the assets by taking possession and control of the assets, paying all necessary debt service and verifying that insurance coverage is in place where appropriate, such as for real estate and automobiles. Receipts and other records of financial matters for the estate must be kept. Preparations should be made for filing the final state and federal tax returns, if necessary. When the executor completes the foregoing tasks, he can petition the court for an order allowing distribution of the estate.

Small Estates

If the estate consists of personal property valued at less than $30,000, the person named as the executor in the will can opt to administer the estate without the full court probate process. The executor begins the small estate procedure by filing a document called "Affidavit in Relation to Settlement of Estate Under Article 13" with the court. No further court proceedings are required. The executor will carry out the same duties to collect the estate property and distribute it as specified in the will.

Settle Estate Administration Without Court

New York probate law permits some estates to be distributed without any court proceedings. The availability of this procedure depends on the value of the property and the identity of the beneficiary or creditor of the estate claiming the property. The procedure involves using an affidavit, which is provided in pre-printed form by the Office of the State Comptroller. For example, if the only beneficiary is the spouse of the deceased, this procedure can be used to obtain up to $30,000 in personal property held by a custodian, such as a bank. If the estate property is $15,000, this procedure can be used by the deceased's children.

References

• Rudolf J. Karvay, Esq.: The New York Probate Process
• New York State Unified Court System: Surrogate's Courts -- What are Some Common Proceedings in Surrogate's Court?
• New York State Unified Court System: Surrogate's Courts -- I am the Executor of a will. How do I get the will admitted to probate?
• Rudolf J. Karvay, Esq.: Guide for New York Estate Executors and Adminstrators
• New York State Unified Court System: Affidavit In Relation To Settlement of Estate Under Article 13, SCPA
• Office of the State Comptroller: Small Estates Affidavit