New York Probate Requirements
New York probate requirements: small estate threshold $50,000, creditor notice 7 months from appointment, Surrogate's Court. Updated guidance for executors.
Key probate facts for New York
| Small estate threshold | $50,000 |
|---|---|
| Will filing deadline | No specific deadline |
| Probate petition deadline | No specific deadline |
| Creditor notice period | 7 months from appointment |
| Inventory deadline | 6 months after appointment |
| Executor residency | No residency requirement |
| Bond required | Yes, unless waived |
| Executor compensation | 5% on first $100,000, 4% on next $200,000, declining thereafter |
| Estate / inheritance tax | Yes |
| Community property | No |
| Homestead protection | Up to $170,825 |
| Vehicle transfer | Voluntary administration for estates under $50,000 |
| Probate court | Surrogate's Court |
Estate tax: Estate tax on estates over $7.35 million (2026); subject to 'cliff' for estates exceeding 105% of exemption
Sources
- NY Surrogate's Courts
- NY Estates, Powers and Trusts Law (EPTL)
- IRS — Estate & Gift Tax
- Social Security Administration — Survivors Benefits
- USA.gov — What to Do After Someone Dies
- American Bar Association — Real Property, Trust & Estate Law
This summary is for general informational purposes and is not legal advice. Probate procedures change; verify with the Surrogate's Court or a licensed New York attorney.