Do You Need Probate in New York? (2026)

In New York, some assets require probate (court involvement) while others pass directly to beneficiaries. This guide explains which is which.

Assets That Avoid Probate

• Joint accounts
• Payable-on-death (POD) accounts
• Life insurance (unless estate is beneficiary)
• Retirement accounts with named beneficiaries
• Trust assets
• Jointly held property with right of survivorship

Assets That Usually Need a Court Procedure

• Bank and investment accounts owned solely
• Real property owned solely
• Vehicles titled in decedent's name only (these count toward the $50,000 voluntary administration limit; a surviving spouse, or a child under 21 if there is no spouse, may take one vehicle up to $25,000 as set-off under EPTL 5-3.1(a))
• Sole business interests
• Personal property with no beneficiary designation

New York's Streamlined Option

If the decedent's personal property has a gross value of $50,000 or less, New York offers voluntary administration through the Surrogate's Court clerk. No waiting period, and it often moves in weeks to a few months. SCPA 1302 says voluntary administration does not reach real property. The New York courts' own guidance treats an estate with real property in the decedent's name alone as not a small estate, so expect to use a full Surrogate's Court proceeding. Real property owned jointly with a survivor does not count. Ask the clerk.

Learn more in our New York voluntary administration guide.

Quick Test

1. List all assets
2. Remove those with named beneficiaries or joint owners
3. Add up the remainder
4. If the personal property is $50,000 or less and there is no real property in the decedent's name alone, voluntary administration may be available
5. If it is over $50,000, or real property needs to be transferred, you may need a Surrogate's Court proceeding; confirm with the court or an attorney

---

Disclaimer: ExecutorBench is self-help software. It is not a law firm, it does not give legal advice, and it is not a substitute for the advice of an attorney. Using it does not create an attorney-client relationship, and what you enter is not protected by attorney-client privilege. For specific questions about your New York estate, consult an attorney licensed in New York.