How probate works in New York — and how to plan around it
Probate is the court process that transfers what you owned to the people who inherit it. In New York it runs through Surrogate's Court, and for most families it is slower, more public, and more expensive than they expect.
What probate actually costs
Between court filing fees, attorney fees, executor commissions, and appraisals, the total cost of settling an estate commonly lands somewhere between roughly 1% and 7% of the value of the probate estate. The larger and more complicated the estate, the higher that percentage tends to run.
How long it takes
A straightforward New York probate typically takes nine to eighteen months. Anything contested, or any estate with an heir who cannot be located, can stretch well past that. Meanwhile access to accounts may be delayed — your family may not be able to use money they need to pay a mortgage or tuition.
It is a public process
Wills filed with Surrogate's Court become public record. Anyone can read who inherited what. A trust-based plan keeps those details private.
Which assets go through probate
- Accounts and property held in your sole name with no beneficiary listed
- Real estate titled only in your name
- Personal property, business interests, and collectibles
- Accounts with a beneficiary who has died, who cannot be found, or who is under 18 — those may still need court guidance
How families plan around it
- A funded revocable living trust that holds the home and major accounts
- Correct, current beneficiary designations on retirement and life insurance
- Properly titled joint or transfer-on-death accounts where appropriate
- A pour-over will and powers of attorney as the backstop
Every number above is an estimate. The right structure depends on what you own, who you want to protect, and where your property sits.
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This article is general information about New York law, not legal advice, and reading it does not create an attorney-client relationship. We serve clients in New York; if you need help in another state, we can refer you to a trusted estate planning colleague.