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Detailed answer — Step‑by‑step process under New York law

1. Secure the estate and obtain certified death certificates.

   Immediately secure the decedent’s home, safe, and any valuables. Order multiple certified copies of the death certificate from the funeral home or local registrar. Banks, insurers, and government agencies usually require certified copies to release or transfer funds.

2. Locate the original will and important documents.

   Search for an original signed will, trusts, life‑insurance policies, retirement account beneficiary forms, deeds, and account statements. If you find a will, do not alter it. The person named as executor (or a nominated alternate) generally files the will with the Surrogate’s Court.

3. Decide whether probate is required.

   Assets that have beneficiaries or pass outside probate — such as joint tenancy property, payable‑on‑death (POD) bank accounts, TOD brokerage accounts, life insurance, and retirement plans — typically transfer without probate. If most of the estate can pass this way, full probate may not be necessary. For general guidance on estate administration and the Surrogate’s Court process, see the Surrogate’s Court and Estates, Powers & Trusts Law resources:
   New York State Surrogate’s Courts (NYCourts) and
   Surrogate’s Court Procedure Act (SCPA) and
   Estates, Powers & Trusts Law (EPTL).

4. If there is a will: file for probate (Letters Testamentary).

   The named executor files the original will and a probate petition at the Surrogate’s Court in the county where the decedent lived. If the court admits the will, it issues Letters Testamentary that give the executor authority to collect assets, pay debts, and distribute property under the will. Your local Surrogate’s Court website lists filing steps and required forms: NYCourts Surrogate’s Court.

5. If there is no will: file for administration (Letters of Administration).

   If your mother died intestate (without a valid will), an eligible family member may petition the Surrogate’s Court to be appointed administrator. New York’s intestacy rules (how property distributes when there is no will) appear in the EPTL. The court issues Letters of Administration to an appointed administrator to handle the estate.

6. Gather and inventory assets; locate creditors.

   Prepare a list of all known assets (bank accounts, investments, real estate, personal property, business interests) and debts (mortgages, credit cards, medical bills). The fiduciary must identify creditors and may need to notify them and pay valid claims before distributing assets. Court rules and fiduciary duties require accurate accounting; review SCPA and EPTL resources for fiduciary duties and filings: SCPA, EPTL.

7. Manage estate finances and taxes.

   Open a separate estate bank account for estate receipts and payments. Pay valid debts and funeral expenses. File the decedent’s final income tax returns and, if applicable, estate tax returns. Estate tax rules can be complex — consult a tax professional or an attorney for estates with significant assets.

8. Distribute assets and close the estate.

   After paying debts, expenses, and taxes, the executor or administrator distributes remaining assets according to the will or New York intestacy law. The fiduciary provides accounting to beneficiaries and files any required court reports. Once the court approves, the estate can be closed.

9. Be mindful of timing and potential disputes.

   Probate and administration can take months or, for complex estates or contested matters, years. If beneficiaries challenge the will, if there are contested claims, or if a creditor files suit, expect delays and the need for legal representation.

Where to find official forms and local rules: Use the Surrogate’s Court website for the county where your mother lived. General Surrogate’s Court information is available at: https://www.nycourts.gov/courts/surrogate/.

Helpful hints

• Get at least 10 certified copies of the death certificate early. Many institutions require originals.
• Freeze but do not close accounts until you know which are probate assets and which pass outside probate.
• Search mail, email, and safe‑deposit boxes for the original will and important papers.
• Keep meticulous records of all estate transactions and receipts. Fiduciaries must provide accurate accounting to the court and beneficiaries.
• Ask banks and retirement plan administrators whether an asset is payable to a beneficiary or needs probate. This can avoid unnecessary court filings.
• Contact the Social Security Administration and insurance companies to report the death and inquire about benefits and required documentation.
• Consider hiring a probate attorney if the estate includes real property, business interests, tax issues, or if family members dispute distributions.
• Use the New York State Bar Association lawyer referral service to find a probate or estate administration attorney: https://nysba.org/lawyer-referral/.