Settling a Parent’s Estate in New York and Handling Property Located in Another State

Disclaimer: This is general information only and not legal advice. I am not a lawyer. Consult a licensed attorney in New York and in the other state involved before taking action.

Detailed Answer

When a New York resident dies, you will typically start probate (estate administration) in the Surrogate’s Court where the decedent lived. If the decedent owned property in another state (real estate, certain bank or investment accounts titled in that state, or tangible personal property located there), you will likely need a separate, smaller proceeding in that other state called an ancillary probate or use that state’s non-probate transfer procedures.

1. Immediate steps (first 1–4 weeks)

1. Obtain several certified copies of the death certificate from the funeral home or local registrar.
2. Locate the original will, if any, and any documents that identify beneficiaries or titled assets (deeds, account statements, beneficiary designations, trusts).
3. Secure physical property (home, vehicle, valuables) and review safety and maintenance needs for any out-of-state property.
4. Contact major institutions (banks, insurers, mortgage company) to notify them of the death and learn their immediate requirements.

2. Start probate in New York

If there is a will: file a petition in the Surrogate’s Court in the county where the decedent was domiciled to admit the will and to appoint the executor named in the will. If no will: a close family member can petition to be appointed administrator. New York Surrogate’s Court handles probate and appointment of a personal representative.

See New York law pages for the Surrogate’s Court and the Estates, Powers & Trusts Law:
Surrogate’s Court and procedure: N.Y. Surrogate’s Court Procedure Act (SCPA)
Substantive wills and estates law: Estates, Powers & Trusts Law (EPTL)

3. Collect assets and prepare an inventory

The personal representative (executor or administrator) gathers all estate assets, including bank and brokerage accounts, retirement plans, life insurance, personal property and real estate. In New York, the personal representative generally files inventories and may need to file accountings with the Surrogate’s Court depending on the case and whether beneficiaries request an accounting.

4. Notice to creditors and paying debts

The personal representative must identify and pay valid debts and ongoing expenses from estate funds before distributing assets. New York has rules about notice, claims, and how long creditors have to file claims—follow the SCPA and any local court instructions closely.

5. Taxes and filings

Check for required tax returns: federal estate tax (if the gross estate exceeds the federal threshold) and any New York estate tax filing obligations. The federal estate tax return (Form 706) is usually due within nine months after death (with possible extension). Confirm New York filing requirements with the New York Department of Taxation and Finance or an estate attorney. For federal tax guidance: IRS — Estate and Gift Taxes.

6. Distribution and closing

After debts, expenses and taxes are paid and the court approves (if court approval is required), the personal representative distributes remaining assets according to the will or New York intestacy rules. The estate is then closed and final accounting filed if needed.

7. Handling real property or other assets located outside New York (ancillary matters)

If the decedent owned real estate (or other probate assets) in a different state, the personal representative appointed by the New York Surrogate’s Court will usually need to open an ancillary proceeding in the state where the property sits. Typical steps:

• Obtain a certified copy of the New York appointment (letters testamentary or letters of administration) from the Surrogate’s Court.
• Retain local counsel or follow that state’s small estate/ancillary procedures to file for ancillary administration. Many states allow simplified transfers for smaller estates or have affidavits to transfer personal property without full probate.
• If the out-of-state asset is a bank or brokerage account, check whether payable-on-death, transfer-on-death, or beneficiary designations override the need for probate.

Rules vary widely by state, so consult an attorney licensed in the state where the property is located. Ancillary probate is governed by the other state’s statutes and court rules; New York law (EPTL/SCPA) governs the main administration for a New York decedent.

8. Timeline and what to expect

Simple estates without disputes and with clear beneficiary designations can resolve in several months. Estates requiring court accounting, creditor resolution, tax filings, or ancillary administration can take one year or longer. Real estate sales or title transfers in another state add time for compliance with that state’s processes.

9. When to hire attorneys

Consider hiring a New York probate attorney if the estate is non-trivial, there is a will contest risk, complex taxes, creditor issues, or if you are unfamiliar with probate procedure. Hire an attorney licensed in the state where the out-of-state property is located to handle ancillary probate or property transfer. If needed, coordinate both attorneys so filings and distributions proceed smoothly.

Helpful Hints

• Gather documents early: original will, death certificate, deeds, titles, account statements, insurance policies and recent tax returns.
• Order multiple certified death certificates—banks and other institutions often require originals.
• Before selling out-of-state real estate, confirm outstanding mortgages, liens, and local transfer requirements in that state.
• Check beneficiary designations on retirement accounts and life insurance—these usually pass outside probate directly to beneficiaries.
• Keep detailed records of all estate transactions and communications with creditors and beneficiaries.
• Ask the Surrogate’s Court clerk for local forms and instruction sheets; each county may have its own filing requirements. See New York Surrogate’s Court resources: NY Courts — Surrogate’s Courts.
• If the out-of-state property is small in value, research that state’s small-estate affidavit or summary transfer options before starting a full ancillary probate.
• Plan for tax deadlines: verify if a federal Form 706 or state estate tax return is required to avoid penalties.
• When hiring attorneys, confirm they handle probate/estate administration and have experience coordinating multi-state matters.

Relevant New York law resources (for reference):

• Estates, Powers & Trusts Law (EPTL) — substantive rules on wills, intestacy, gifts and trusts
• Surrogate’s Court Procedure Act (SCPA) — procedural rules for probate and administration in New York
• IRS — Estate and Gift Taxes — federal filing obligations and thresholds

If you want, I can provide a practical checklist (documents to gather), sample language for a petition to open probate in New York, or a short list of questions to ask an attorney when you call one in New York and in the other state.