Probate in New York
State-specific overview · Estate & Probate
New York uses "Surrogate's Court" instead of probate court and requires publication of estate notices in newspapers.
How New York treats Probate
New York's Surrogate's Court handles all estate matters, not a general probate court. The state requires executors to publish a notice to creditors in a newspaper of general circulation, giving creditors a fixed period to file claims. New York allows both formal and informal probate procedures depending on estate complexity and whether the will is contested. The state follows common-law probate rules rather than the Uniform Probate Code.
The general definition of Probate
The court process of validating a will and distributing a deceased person's estate.
When someone dies, probate is the legal process where a court oversees the handling of their will and property. The court confirms the will is valid, identifies heirs and creditors, pays debts and taxes, and distributes what's left to the beneficiaries named in the will. It can take months or years and involves court fees and attorney costs.
Read the full Probate entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New York.