How to Apply for Probate (NY)

Updated Mar 3, 2025

Show Table of Contents Applying for probate

One of the early steps in settling most estates is to apply for "probate" (i.e., ask the court for permission to legally represent and administer the estate, ultimately distributing its contents to the rightful recipients).

For non-lawyers, this step is commonly the most daunting of the entire settlement process: for one thing, it occurs at the beginning, when you are just figuring things out, and for another, instructions and rules can be scattered all over the place.

Don't worry: we'll make everything understandable, and give you the estate-specific guidance you need.

Types of Probate

Almost every state offers multiple types of probate, ranging from simplified processes for small estates, to formal, closely supervised probate for complex or problematic estates, to standard probate for typical estates (with a number of states offering even further variations).

Small: In most states, the small estate process actually bypasses court entirely, and is thus not technically "probate" at all (see small estate process for NY rules and instructions).
Formal: If you need a formal, closely supervised variant of probate, it likely means that there is conflict expected, and thus you should almost certainly retain a lawyer, who can handle preparing your application.
Standard: The most common form of probate in NY is known as "informal" probate, and is the focus of the application instructions below.

NY Application Process

There are several steps you must take to obtain the court's permission to represent and manage a NY estate.

Probate Application: In New York, if the estate will go through probate, submit an application to the court: see application details ↧
- If there is a will, start by submitting to the court a Petition for Probate, the will, and an official copy of the death certificate.
  - Include a notarized Combined Verification, Oath, and Designation (blank form in Petition package above)
  - If the will does not include the notarized signatures of the testator and 2 witnesses, attach an Affidavit of Attesting Witness from at least 2 of the signing witnesses who can be located, or attach Applications to Dispense with Testimony of Attesting Witness (blank forms in the Petition package above)
  - If you are not named as first choice for executor, include a notarized Renunciation of Nominated Executor (blank form in Petition package above) from anyone to whom the will gives higher priority.
  - Save $$: If the will requires a bond, you may be able to get that provision waived, and thus save considerable costs, if you include a notarized bond waiver Waiver of Citation, Renunciation, and Consent to Appoint Administrator (blank form in Petition package above) from every distributee (i.e., heir). This form includes an ability to request a bond waiver, which, if approved, will allow the estate to save probate bond costs, which can be significant (see Probate Bonds)
  - If convenient, you may wish to obtain a notarized Waiver of Process: Consent to Probate (blank form in Petition package above) from person named in the will to inherit; otherwise the court will instead send a citation to each such person asking them if they want to object to the will and/or your appointment (see NY SCP § 1409)
  - Include a Notice of Probate (blank form A-6 in Petition package above)
  - A NY probate application can be somewhat complex, and NY has prepared a probate application checklist to help you.
- If there is no will, instead submit a Petition for Administration, along with an official copy of the death certificate.
  - Include a notarized Combined Verification, Oath, and Designation (blank form in Petition package above)
  - Include a copy of the paid funeral bill, or a notarized Waiver of Citation and Consent to Appoint Administrator (blank form A-8 in Petition package above)
  - If there are other people with higher priority to serve as estate administrator, include from each a Waiver of Citation, Renunciation, and Consent to Appoint Administrator (blank form in Petition package above).
  - Save $$: Actually, you may wish to include a notarized Waiver of Citation, Renunciation, and Consent to Appoint Administrator (blank form in Petition package above) from every distributee (i.e., heir). A bond will normally be required if there is no will, but this form includes an ability to request a bond waiver, which, if approved, will allow the estate to save the significant costs of a probate bond (see Probate Bonds)
  - Include a Notice of Application for Letters of Administration (blank form in Petition package above)
  - A NY administration application can be somewhat complex, and NY has prepared an administration application checklist to help you.
Notice of Probate:
In New York, if the estate will go through probate, your probate application will not be approved until you have made any required notices to everyone who will inherit from the estate:
- If there is a will, send a Notice of Probate, to each distributee listed in the application, then file a copy with the court, along with the Affidavit of Mailing included in that form (see NY SCPA § 1409).
- If there is no will, the court may require you send a Notice of Application, to each distributee listed in the application, then file a copy with the court, along with the Affidavit of Mailing included in that form (see NY SCPA § 1005).
- If you want to skip this notification process, you may wish to include in your original administration application a notarized Waiver of Citation, Renunciation, and Consent to Appoint Administrator from each distributee.
Probate Hearing: The court will hold a hearing to officially consider and approve your application. Often this hearing is just a formality, and you may not need to attend at all.
Probate Bond: If required by the court, you must obtain a probate bond to protect the estate from any losses you may cause (up to a certain dollar amount). Requirements for such a bond can depend on jurisdiction, whether there is a will, size of estate, whether you reside in the same state, and other factors. See Probate Bonds for advice on how to potentially avoid the need fo such a bond.
Objections: Note that interested parties have the right to legally challenge your application (before your official appointment, or even afterwards).
Letters: Once the court approves your application, you will receive your "Letters", which are certified documents you can use to prove your authority to third parties. If you applied for "probate", you will officially be known as the "executor" of the estate. If instead you applied for "administration", you will be known as the "administrator". Many states also use the term "personal representative" to cover both cases, sometimes deprecating the uses of the more precise terms.

If you'd like, friendly and experienced EstateExec personnel can fill out your probate application forms for you: see Probate Form Service. If you just want answers to a few legal questions, you can talk to an experienced lawyer for a surprisingly modest fee – see Have a Question?

Court Location

It can sometimes be difficult to determine which court to use for a given estate. The particular type of court that oversees the probate process varies by state: it may be a dedicated probate court, a circuit court, a superior court, a general county court, or something else.

In New York, there is no filing deadline, and your estate's local Surrogate's Court, a New York City Surrogate's Court or county Surrogate's Court outside New York City, handles wills and estate proceedings (including probate).

Note that real property must be probated in the state in which it is physically located, so you may need to go through probate in multiple states.

Next Steps

Once you have been officially appointed and granted your Letters, you can begin the bulk of the estate administration and settlement process, keeping in mind that you now have a fiduciary duty to act in the best interests of the estate.

See our Complete Guide to Estate Settlement in NY for an overview of estate settlement in general, Probate for the court-supervised aspects of estate settlement in particular, and Timeline for an overview of tasks by time period.

If you are using EstateExec, it will automatically generate a list of detailed tasks for you to accomplish, based upon the particulars of your estate.