New York probate (called surrogate court proceedings) can take 9 months to 2+ years. Get your inheritance advance in as little as 48 hours.
In New York, probate and estate administration are handled through Surrogate's Court — a specialized court that exists in each of New York's 62 counties. The process can be thorough and, in many cases, lengthy, particularly in New York City boroughs and other high-volume counties where court calendars are crowded.
New York distinguishes between "probate" (when there's a will) and "administration" (when there's no will), though the general process is similar. The information below is a general overview — New York estate law has specific procedures and requirements, and we encourage consulting with a New York estate attorney for guidance specific to your situation.
Filing and citation (weeks 1-6). The executor files the will and a probate petition with Surrogate's Court in the county where the deceased resided. The court issues citations that must be served on all interested parties — including all beneficiaries and the deceased's distributees (those who would inherit if there were no will). All cited parties must either consent to probate or have time to object.
Probate hearing and appointment (weeks 4-12+). If all parties consent or waive citation, the court may grant probate relatively quickly. If anyone objects or fails to respond, the court must schedule a hearing, which can add weeks or months depending on the court's calendar. Once probate is granted, the executor receives "letters testamentary" — official authority to manage the estate.
Creditor notification and claims (months 2-9+). The executor must notify creditors. New York allows creditors seven months from the date of the executor's appointment to present claims. This is one of the longer mandatory creditor periods among US states and is a significant factor in New York's probate timeline.
Asset management and accounting (months 3-12+). The executor inventories assets, manages property, pays debts, and prepares the estate's tax filings. New York has a state estate tax with a threshold that is lower than the federal estate tax, so many New York estates must file a state estate tax return and wait for clearance.
Distribution and closing (months 9-24+). After the creditor period expires and tax clearance is received, the executor can distribute assets to beneficiaries. Before making final distributions, many executors file an accounting with Surrogate's Court. The court reviews the accounting, and beneficiaries have an opportunity to object. Only after the accounting is approved (or waived by all beneficiaries) can the estate be formally closed.
New York estate tax. New York imposes a state-level estate tax on estates exceeding a certain threshold (which is adjusted periodically and has historically been lower than the federal threshold). The estate tax can be a significant cost for larger New York estates and requires its own filing, review, and clearance process — which adds time before assets can be distributed.
Right of election. A surviving spouse in New York has the right to claim an "elective share" of the estate — the greater of $50,000 or one-third of the net estate — regardless of the will's provisions. If exercised, this can change the distribution plan and extend the timeline.
Small estate proceedings. For estates with personal property valued below a certain threshold (not including real estate), New York allows a simplified "voluntary administration" or "small estate affidavit" process that bypasses full probate. Real estate is not eligible for this simplified process.
Court congestion. Surrogate's Courts in New York City boroughs — particularly New York County (Manhattan), Kings County (Brooklyn), and Queens County — handle large volumes of cases. Scheduling delays are common and can add months to the overall timeline compared to less congested upstate counties.
New York's seven-month creditor period, state estate tax requirements, and often-congested courts mean that most estates take at least 9-12 months and frequently much longer. If you need access to your inheritance before the process concludes, a New York inheritance advance can provide funds in as little as 48 hours — with no credit check, no monthly payments, and no personal risk.
Get a free quote or call (800) 617-7260 to discuss your New York estate.
Disclaimer: This page is for general informational purposes only and does not constitute legal, financial, or tax advice. Probate laws, timelines, and costs vary significantly by state and by individual circumstances. We strongly encourage you to consult with a qualified attorney or financial advisor for guidance specific to your situation. First Heritage Funding is not a law firm and does not provide legal services.
Most New York estates take 9-18 months minimum. The mandatory 7-month creditor period alone accounts for much of this. Estates involving real property, state estate tax filings, contested wills, or court congestion in NYC boroughs can take 2-3+ years. Even simple, uncontested estates rarely close in under 9 months.
Yes. New York imposes a state-level estate tax on estates exceeding a threshold that is periodically adjusted (historically lower than the federal estate tax threshold). The estate tax filing and clearance process adds time to probate. For specific thresholds and rates, consult a New York tax professional or estate attorney.
Surrogate's Court is the New York court that handles probate, estate administration, guardianship, and related matters. Each of New York's 62 counties has its own Surrogate's Court. The court oversees the entire probate process, from validating wills to approving final distributions.
Yes. We work with heirs across all 62 New York counties, including the five NYC boroughs. Whether the estate is in probate or administration, and regardless of court congestion or delays, we can evaluate your situation and provide a quote.
Will contests in New York are handled through Surrogate's Court and can significantly delay the probate process — sometimes by years. However, as long as your status as a beneficiary or heir is reasonably established, an inheritance advance may still be available. Each situation is different, so we encourage you to contact us to discuss the specifics of your case.
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