New York Probate Timeline and Deadlines (2026)

New York's voluntary administration is a short clerk-based procedure for small estates. With no waiting period, many cases move in a matter of weeks to a few months.

Voluntary Administration Timeline

• Day 0: File the affidavit with the Surrogate's Court clerk (no waiting period)
• Shortly after filing: The clerk mails notice to distributees and issues a certificate
• Following weeks: Collect assets, pay debts, and distribute
• Total: Often weeks to a few months, depending on the court and institutions

Key Dates

File immediately: No waiting period. The affidavit can be filed anytime after death (SCPA Section 1304).

Creditors: Voluntary administration does not have a published creditor claims period. The administrator must pay expenses, funeral costs and debts in the order the law sets (SCPA 1307(1)) before distributing, and is accountable to creditors and distributees (SCPA 1308).

Distribute and close: Pay debts and distribute the personal property to the people entitled to it.

Full Probate (If Personal Property Exceeds $50,000 or There Is Real Property)

• Filing to appointment: Often 6 to 12 weeks
• Inventory of Assets: Due within 9 months of the date letters issue unless the court directs otherwise (Uniform Surrogate's Court Rule 207.20)
• 7-month mark: Seven months after letters first issue, a fiduciary who pays claims or distributions in good faith before a claim is presented is protected (SCPA Section 1802). This is not a claims bar date
• Accounting and distributions: 2 to 4 months or longer
• Total: Often 9 to 15 months

Use ExecutorBench's free eligibility checker to see which New York route usually applies and to track your deadlines.

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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 timelines in your New York estate, consult an attorney licensed in New York.