How New York Probate Works: Voluntary Administration and Full Probate (2026)

New York offers voluntary administration for small estates and a full Surrogate's Court proceeding for larger ones. This guide explains both in general terms.

Voluntary Administration (Small Estates, $50,000 or Less of Personal Property)

Steps

1. The person entitled to act signs the Affidavit in Relation to Settlement of Small Estate and files it with the Surrogate's Court clerk with a certified death certificate (SCPA Sections 1303 and 1304). If there is a will, the original will is filed with the court first (SCPA 1303(b))
2. The clerk mails notice to the distributees and named beneficiaries
3. The clerk issues a short certificate the administrator gives to banks and other holders of property
4. Collect assets, open an estate account, and pay expenses, funeral costs and debts in the order the law sets (SCPA 1307(1))
5. Distribute what remains to the people entitled to it, then file your account with the clerk with receipts (SCPA 1307)

Timeline

Often a matter of weeks to a few months, depending on the court and institutions.

Key Features

No waiting period (SCPA Section 1304), no bond, and a $1 clerk filing fee. Voluntary administration covers personal property only; real property is outside it (SCPA 1302), and the New York courts treat an estate with real property in the decedent's name alone as not a small estate.

Full Probate (Larger Estates or Estates With Real Property)

1. File petition with Surrogate's Court
2. Get appointed (often 6 to 12 weeks)
3. Notify distributees and beneficiaries as the court requires
4. File the Inventory of Assets with the court within 9 months of letters unless the court directs otherwise (Uniform Surrogate's Court Rule 207.20)
5. Claims: SCPA Section 1802 protects a fiduciary who pays claims or distributions in good faith before a claim is presented, once 7 months have passed since letters were first issued. New York does not require newspaper publication of a notice to creditors
6. Accounting and court approval
7. Distribute assets
8. Close estate

Timeline

Often 9 to 15 months.

Why Voluntary Administration Is Faster

• It goes through the clerk's office rather than a full court proceeding
• No waiting period
• No bond
• Simpler for smaller estates

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