Do you need probate administration in New York when there is no will?

Detailed Answer — When New York probate (administration) is required if there is no will

Short answer: Often yes. If a person dies without a valid will (that is, intestate), probate administration — usually called an application for letters of administration in the Surrogate’s Court — is typically required to transfer assets that were owned solely in the decedent’s name. Probate/administration is the court-supervised process that identifies heirs, sorts creditor claims, and transfers ownership of estate property according to New York intestacy law.

Why: many banks, title companies, and government agencies require letters from the Surrogate’s Court to change title to real estate, transfer bank accounts held only in the decedent’s name, or access certain benefits. Without court authority, those entities generally will not release or retitle assets.

How New York law decides who gets the assets

When there is no will, the estate is distributed according to New York’s intestacy rules (the Estates, Powers & Trusts Law). The statute that governs distribution of an intestate estate is EPTL § 4-1.1. You can read the statute here: N.Y. EPTL § 4-1.1 (distribution of intestate estate).

Who acts for the estate when there is no will?

With no nominated executor, the Surrogate’s Court appoints an administrator (sometimes called the administrator of the estate). Typically a close relative or other person entitled under statute petitions the court; the court issues letters of administration authorizing the administrator to collect assets, pay valid debts and expenses, and distribute remaining assets to heirs under EPTL.

Typical probate/administration steps in New York

1. Locate assets and determine titles and beneficiaries.
2. File a petition for letters of administration in the Surrogate’s Court in the county where the decedent lived. (Surrogate’s Court handles probate/administration matters.) See general court guidance: NY Courts — Probate and Administration.
3. The court issues letters of administration (after any required notices and proof of heirship).
4. The administrator collects assets, gives notice to creditors, files an inventory, pays debts and taxes, and makes distributions according to EPTL.
5. The administrator files a final accounting or affidavit as required and asks the court to close the estate.

When probate/administration may NOT be needed

Not every asset owned by a decedent requires a full probate or administration proceeding. Common exceptions include:

• Assets owned jointly with rights of survivorship (these often pass automatically to the surviving joint owner).
• Accounts or policies with an identified beneficiary or payable-on-death (POD) / transfer-on-death (TOD) designation.
• Assets held in a living trust (trust assets normally pass under the trust terms, not through probate).
• Small items or limited-value personal property where institutions allow an affidavit or small-claims transfer without court letters. The availability and rules for simplified transfers vary — check Surrogate’s Court guidance for the county.

Even when some assets pass outside probate, any property owned solely in the decedent’s name generally requires letters of administration to retitle or access it.

Costs, timelines and bonds

Costs and timing depend on the county, complexity, and whether the estate is contested. Typical costs include court filing fees, possible publication or notice costs, and attorney fees if you hire counsel. The court may require an administrator to post a fiduciary bond in some cases; this protects creditors and heirs if the administrator mismanages estate assets.

Where to get forms and local rules

Surrogate’s Court forms and local rules are available from the New York State Unified Court System. See the Surrogate’s Court forms page: NY Courts — Surrogate’s Court forms. For general help and explanations, see the NY Courts probate information: Probate and Administration — NY Courts.

Helpful Hints

• Start by identifying assets that are solely in the decedent’s name. These are the items most likely to require court letters.
• Collect documents: death certificate, bank statements, deeds, account statements, lists of named beneficiaries, and any safe-deposit box information.
• If the estate owns real property in the decedent’s name alone, plan on filing in Surrogate’s Court; real property transfers nearly always require court authority.
• Check beneficiary designations and account titles before assuming probate is required. Joint ownership and beneficiary designations usually bypass probate.
• Call the Surrogate’s Court clerk in the county where the decedent lived for local filing requirements and to ask about any small-estate or expedited procedures.
• Consider hiring an attorney if the estate includes real estate, sizeable assets, tax issues, or disputes among potential heirs. An attorney can prepare the petition, advise on bond requirements, and handle creditor claims.
• Even if you think probate is not needed, some institutions (banks, transfer agents) may still request court letters — get their requirements in writing so you know whether to pursue administration.

Quick resource links

• New York EPTL intestacy rules: N.Y. EPTL § 4-1.1
• NY Courts — Probate and Administration: https://www.nycourts.gov/courthelp/estate/probate.shtml
• Surrogate’s Court forms: https://www.nycourts.gov/forms/surrogates/

When to talk to an attorney

Contact an attorney if the estate is large, the title to property is unclear, heirs dispute who should be administrator or who inherits, there are contested creditor claims, or there are potential estate or income tax issues. An attorney can also help if you need to request waivers of bond or prepare a complex accounting.

Disclaimer: I am not a lawyer. This information is educational only and does not constitute legal advice. For advice about a specific situation, consult a licensed attorney in New York.