Free New York Petition for Probate

In New York, the petition asks the Surrogate's Court to appoint the personal representative, whose authority is proved by Letters Testamentary or Letters of Administration; every appointment goes through the court.

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You & the Will

New York provides an official fillable petition; we complete it for you.

State Where the Estate Will Be Probated*

The state where the decedent was domiciled. Only states where a self-represented filer can prepare this document are listed.

Did the decedent leave a will?*

Yes — there is a will (request Letters Testamentary)No — there is no will (request Letters of Administration)

Your First Name*

Middle Name

Your Last Name*

Your Relationship to the Decedent*

How you are related to the person who died. Being named executor in the will is asked separately.

Your Street Address*

City*

ZIP Code*

Email Address*

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Yes. New York publishes Petition for Probate (P-1), filed with the Surrogate's Court. E-filing is open to self-represented filers.

The petition. Letters are issued, never filled out: Surrogate's Court issues Letters Testamentary (with a will) or Letters of Administration (no will) after the court grants the petition. The petition asks the Surrogate's Court to admit the will where there is one and to appoint you, and it states who died, when and where, whether there is a will, who the heirs or beneficiaries are, and what the estate is worth.

Beside the petition, the New York packet carries: Death certificate — one must be filed on any application for letters testamentary, letters of administration, or voluntary administration; alternate evidence of death may be accepted in the court's discretion (22 NYCRR 207.15(b)); Original will and any codicils (filed with the Petition for Probate) (SCPA Art. 14); Estimate of gross estate value (personal and real property, gross rents for 18 months, and any wrongful-death/personal-injury cause of action) in the petition (22 NYCRR 207.16(a)(2)).

New York's court filing fee is $45 - $1,250 (based on estate value), paid to the Surrogate's Court when the petition is filed. Publication, certified copies and any bond premium are charged separately. The New York probate cost calculator sets the fee beside attorney and executor fees.

The Surrogate's Court reviews the petition and, where it is in order, grants it. New York does not require a bond by default, though the court can order one. Surrogate's Court then issues the Letters. With Letters in hand the representative opens the estate account, gives creditor notice and collects the assets; the New York estate settlement plan carries each step in order.

Opening Probate in New York

Before anyone can act for a New York estate, the Surrogate's Court must appoint a personal representative and issue Letters. Letters are an output of that appointment, never a form the representative completes; the document filed is the petition for probate and for Letters, and the Surrogate's Court issues Letters Testamentary (with a will) or Letters of Administration (no will) after the court grants it.

New York publishes Petition for Probate (P-1) as the statewide petition; the document is that form, completed from the facts of the decedent, the estate and the heirs or beneficiaries. Signed, it is filed with the Surrogate's Court. E-filing is open to self-represented filers.

The petition is filed with the supporting documents the court requires. In New York the packet carries: Death certificate — one must be filed on any application for letters testamentary, letters of administration, or voluntary administration; alternate evidence of death may be accepted in the court's discretion (22 NYCRR 207.15(b)); Original will and any codicils (filed with the Petition for Probate) (SCPA Art. 14); Estimate of gross estate value (personal and real property, gross rents for 18 months, and any wrongful-death/personal-injury cause of action) in the petition (22 NYCRR 207.16(a)(2)).

The court filing fee is $45 - $1,250 (based on estate value), paid to the Surrogate's Court when the petition is filed; publication, certified copies and any bond premium are charged separately. A bond is not required by default; the court can order one. The Surrogate's Court reviews the petition and, where it is in order, grants it; the Surrogate's Court then issues the Letters.

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

Data sourced from New York statutes and official state code. How we research.

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In New York, the Surrogate's Court appoints the personal representative and the Surrogate's Court issues Letters Testamentary or Letters of Administration; every appointment goes through the court.

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Opening Probate in New York

Free New York Petition for Probate

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Free New York Petition for Probate

You & the Will