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Important disclaimer

This article explains general New York procedures and is educational only. It is not legal advice. For legal advice about your situation, contact a licensed New York attorney or the Surrogate’s Court clerk in the county where the decedent lived.

Who handles probate in New York?

Probate and administration are handled by the Surrogate’s Court in the county where the decedent was domiciled at death. If the decedent had no will, the court issues Letters of Administration to an eligible person under New York law; if there is a will, the court admits the will to probate and issues Letters Testamentary to the named executor (or an appointed executor if the named one is unable or unwilling to serve).

For general court information see the New York Courts probate help page: https://www.nycourts.gov/courthelp/ProbateEstate.shtml.

Step-by-step: How to open probate from out of state

1. Confirm domicile and the presence of a will.

   If the decedent was domiciled in New York at death, you will file in the Surrogate’s Court in that county. If they were domiciled in another state but owned New York real estate or bank accounts, you may need an ancillary administration in the New York county where that property is located.

2. Identify whether you are entitled to serve.

   Check whether the decedent left a will naming an executor. If not, New York law follows a priority list for who may receive Letters of Administration. If you are a sibling, you can be appointed when you are the next eligible person under state law. For statutory texts and priorities, consult the Surrogate’s Court Procedure Act and the Estates, Powers & Trusts Law: https://www.nysenate.gov/legislation/laws/SCPA and https://www.nysenate.gov/legislation/laws/EPT.

3. Gather required documents.
   • Certified death certificate.
   • Original will (if one exists).
   • Names and contact information for heirs and beneficiaries.
   • Information about known assets and liabilities (bank accounts, real property, insurance, debts).
4. File the petition in the correct Surrogate’s Court.

   You (or your attorney) file a petition to probate the will or for administration in the county Surrogate’s Court. Most counties accept filings by mail. Surrogate’s Court forms and filing information are at: https://www.nycourts.gov/forms/surrogate/. If the decedent was domiciled outside New York but had New York assets, ask the clerk about ancillary administration procedures.

5. Take the required oath and post any bond.

   The appointed executor or administrator must take an oath before serving. If you live out of state, you can often take the oath in your state before a notary public, clerk, or other authorized official, then file the sworn oath with the Surrogate’s Court. The court will also tell you whether a surety bond is required. The will sometimes waives bond; otherwise the court may require a bond to protect the estate.

6. Provide notice to heirs and creditors and file inventories/accountings as required.

   New York law requires notice to interested parties and may require publication or service depending on circumstances. The administrator/executor is responsible for inventorying estate assets, paying valid debts and taxes, and distributing property under the will or statute. Be prepared to handle potential creditor claims and to file reports with the court when requested.

7. Consider using local counsel or a local agent.

   Because the Surrogate’s Court’s rules vary by county and some filings require in-person steps, many out-of-state petitioners hire a New York probate attorney to file paperwork, appear at hearings if necessary, and handle local formalities on their behalf.

Special considerations when you live out of state

• If the decedent owned real estate in New York but lived elsewhere, you may need an ancillary administration limited to the New York property.
• Oaths and affidavits sworn outside New York generally are acceptable if notarized or properly authenticated; check with the Surrogate’s Court clerk about acceptable forms.
• Bond companies and sureties may have special rules for nonresident administrators; a local attorney can help obtain required bonds.
• If you are appointed, you will have fiduciary duties to administer the New York estate even while living elsewhere. Keep thorough records and follow the court’s deadlines and reporting requirements.

Where to get official forms and local filing rules

Use the New York Courts’ Surrogate’s Court forms page for commonly used petitions and affidavits: https://www.nycourts.gov/forms/surrogate/. To find the correct Surrogate’s Court for the decedent’s county and to confirm local procedures, visit the New York Courts website’s probate help pages: https://www.nycourts.gov/courthelp/ProbateEstate.shtml.

Tax and creditor issues to watch

New York state may impose estate taxes for larger estates and the estate must file any required federal and state tax returns. For New York estate tax guidance, see the Department of Taxation and Finance: https://www.tax.ny.gov/pit/estate_tax.htm. Also identify and address creditor claims against the estate—failing to follow required notice or creditor procedures can expose you to personal liability as administrator.

Helpful hints

• Contact the Surrogate’s Court clerk in the county where the decedent lived before filing. Clerks help with procedural questions and local filing options.
• Collect an official certified death certificate early; courts and financial institutions require it.
• If you find the original will, keep it secure and deliver it with your petition; many courts will not accept a photocopy in place of an original will.
• If you cannot appear in New York, arrange for a local attorney to represent you or to handle in-person filings and hearings.
• Maintain detailed, dated records of all estate transactions (receipts, disbursements, communications). Good records make accounting simpler and reduce disputes.
• Ask whether bond can be waived (sometimes the will waives bond for a named executor) or whether the court will accept a surety bond from an out-of-state bond company.
• Consider whether ancillary probate is needed if the decedent’s primary home was out-of-state but they owned New York property; ancillary proceedings are limited and focused on New York assets.
• When in doubt, hire a New York probate attorney for at least an initial consultation to avoid costly mistakes or missed deadlines.