Probate in New York

Open the estate with the court

The executor named in the will — or a court-appointed administrator if there is no will — files a petition to open probate. The court admits the will to probate (if valid) and issues Letters Testamentary or Letters of Administration, granting legal authority to act on behalf of the estate.

Inventory and appraise all assets

The executor identifies and values every asset owned by the deceased: bank accounts, real estate, investments, retirement accounts, vehicles, business interests, and personal property. In New York, the inventory is typically due within a few months of the executor's appointment.

Notify creditors and pay debts

Notice to creditors is published in a local newspaper, and known creditors are notified directly. In New York, creditors have 7 months from date of letters testamentary or letters of administration to file claims. Valid debts — including mortgages, credit cards, medical bills, and funeral expenses — are paid from estate assets before any distribution to heirs.

File and pay taxes

The estate may owe a final income tax return, an estate income tax return, and potentially estate or inheritance taxes. New York has its own tax obligations that must be resolved before distribution.

Distribute assets and close the estate

After all debts and taxes are paid, the executor distributes remaining assets to the beneficiaries named in the will — or, if there is no will, according to New York intestate succession law. A final accounting is filed with the court and the estate is formally closed.