Detailed Answer

Short answer: In New York, what many states call “probate in common form” most closely matches New York’s informal (uncontested) probate process in Surrogate’s Court. Informal probate lets a valid will be admitted and letters testamentary issued without a formal, adversary hearing when the proof of execution and the facts are straightforward and no one objects. If someone contests the will, the court moves to a formal (contested) probate hearing.

How informal (common-form) probate works in New York

New York handles will admission and issuance of representative authority (letters testamentary) through the Surrogate’s Court. There are two general pathways:

• Informal probate (uncontested): The person presenting the will files the original will and a petition with the Surrogate’s Court and supplies proof that the will was properly executed (for example, an affidavit or the testimony of one subscribing witness). If no one objects, the court typically admits the will and issues letters without a formal trial or citation process. This is the process analogous to “probate in common form.”
• Formal probate (contested or solemn): If a party files objections, claims the will is invalid, or the court requires formal proof, the Surrogate’s Court will set a hearing or trial (a more formal process) before deciding whether to admit the will. A contested probate can involve discovery, testimony, and rulings on issues like undue influence or lack of capacity.

Typical steps to obtain informal probate in New York

1. Find the original signed will and any codicils.
2. Prepare and file a probate petition in the Surrogate’s Court located in the county where the decedent lived. Include the original will and any necessary affidavits from witnesses or other proof of execution.
3. Provide the court with a list of interested persons (heirs and beneficiaries) and, where required, a proposed executor’s consent or oath and an estate filing statement.
4. Pay filing fees and submit any required documents. If the proof is satisfactory and no one files a timely objection, the court will admit the will and issue letters testamentary to the appointed executor.
5. If an objection is filed, the matter may proceed to formal probate (a contested hearing).

Statutes and official resources

Key statutory sources and court resources you can consult:

• Surrogate’s Court Procedure Act (procedures for admitting wills and administering estates): https://www.nysenate.gov/legislation/laws/SCPA
• Estates, Powers & Trusts Law (rules on validity and construction of wills): https://www.nysenate.gov/legislation/laws/EPT
• New York State Unified Court System — Surrogate’s Court pages and forms (local filing rules and forms vary by county): https://www.nycourts.gov/courts/nyc/surrogates/

Example (hypothetical facts)

Suppose Jane Doe of Albany dies leaving a signed will naming her friend Sam as executor. Jane’s will was signed by two witnesses. Sam locates the original will, files a petition with the Albany Surrogate’s Court, attaches an affidavit from one attending witness stating the will was properly executed, and supplies a list of beneficiaries and heirs. No one objects. The court admits the will informally and issues letters testamentary to Sam so he can collect assets, pay creditors, and distribute the estate under the will. If Jane’s estranged sibling later claims Jane lacked capacity and files an objection, the court would schedule formal proceedings to decide the dispute.

When informal probate is a good fit

Informal probate works well when:

• The will is clear and properly executed.
• There are no disputes between heirs or beneficiaries.
• The estate does not involve unusual or complex assets that require special handling.

When you should expect formal probate or hire an attorney

Consider a lawyer if any of the following apply:

• Someone is likely to contest the will (claims of undue influence, forgery, or lack of capacity).
• The estate includes complex assets (closely held businesses, out-of-state real property, or substantial tax issues).
• Unclear or missing documents (lost will, unclear beneficiary designations).
• Multiple parties disagree about who should administer the estate.

Helpful Hints

• Gather the original will and any codicils before you file. Courts generally want the original document.
• Locate subscribing witnesses or obtain sworn affidavits if possible; a witness affidavit often speeds informal probate.
• Check county Surrogate’s Court websites for local forms, filing fees, and instructions — procedures differ by county. See: nycourts.gov Surrogate’s Courts.
• File a complete list of interested persons (heirs and beneficiaries) so the court can notify potential objectors when required.
• If you expect a dispute, preserve evidence (medical records, communications near the time the will was signed) and consult an attorney quickly.
• Even in uncontested cases, an experienced probate attorney or a court clerk can help you avoid procedural mistakes that delay issuance of letters.

Bottom line

What some states call “probate in common form” is essentially New York’s informal probate route: a faster, administrative process for admitting a valid will and empowering an executor when no one contests the will. If people object or the facts are disputed, the Surrogate’s Court moves to formal (contested) probate, which is a more involved court proceeding. Use the Surrogate’s Court rules and state statutes as your guide, and consider legal help if the estate or relationships are complicated.

Disclaimer: I am not a lawyer. This article is educational and informational only; it does not constitute legal advice. For advice about a specific situation, contact a licensed New York attorney or your local Surrogate’s Court.