Free New York Petition for Probate

How to open probate in New York: petition the Surrogate's Court and request Letters Testamentary or Letters of Administration. N.Y. Surrogate's Court Procedure Act Art. 14.

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You & the Will

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

Opening probate?The whole estate, start to finish.

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*

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NOT LEGAL ADVICE:This document was created entirely based on your selections. SimplyTrust does not review, analyze, or verify your entries, nor do we verify your identity, capacity, or authority to act. You are solely responsible for determining whether this document meets your needs and for completing all required execution formalities (signatures, witnesses, notarization, or recording) in accordance with your state's laws. For any legal questions, consult a licensed attorney in your state.

Frequently Asked Questions About New York Probate Petitions

In New York, you file a petition with Surrogate's Court to open probate. Surrogate's Court issues Letters Testamentary (with a will) or Letters of Administration (no will) once the court grants the appointment. See how appointment works in New York.

You cannot fill out Letters — they are issued by the court. The document you prepare and file is the petition (or application) for probate and for Letters. This tool prepares that petition for New York.

Yes. New York publishes a statewide fillable form, which this tool completes for you. After downloading, review and sign it, then file it with Surrogate's Court.

New York offers probate e-filing. NYSCEF e-filing is available in Surrogate’s Court for probate, administration, and small-estate proceedings, but the regime is set county by county: it is consensual in most counties (e.g. Bronx) and mandatory in some (Westchester requires e-filing in probate and administration proceedings commenced on or after May 3, 2017). A self-represented filer is never compelled to e-file — unrepresented litigants are exempt from e-filing everywhere and may choose to participate (CPLR § 2111; Uniform Rule § 207.4-aa(e)(1)) — so paper filing remains open in every county. Check the county’s NYSCEF Surrogate’s Court protocol before filing.

Along with the petition, New York typically requires: Certified copy of the death certificate; Original will and any codicils; Estimate of gross estate value; Waivers and consents, or citation with proof of service, for distributees/interested parties; Affidavit.

Opening Probate in New York

Before anyone can act for a New York estate, Surrogate's Court must appoint a personal representative and issue Letters. Letters are the court's output — you can't fill them out. The document you file is the petition for probate and for Letters (N.Y. Surrogate's Court Procedure Act Art. 14).

New York publishes an official statewide petition form. This tool completes that form for you from a few questions about the decedent, the estate, and the heirs or beneficiaries. After downloading, you sign it and file it with the court in the county where the decedent lived.

You file the petition together with the supporting documents the court requires — typically a certified death certificate and, where there is a will, the original will. New York does not require a bond by default before Letters issue. The court reviews the petition and, if it is in order, grants it and directs that Letters issue.

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Frequently Asked Questions About New York Probate Petitions

Yes. New York publishes a statewide fillable form, which this tool completes for you. After downloading, review and sign it, then file it with Surrogate's Court.

Opening Probate in New York

Free New York Petition for Probate

You & the Will

Frequently Asked Questions About New York Probate Petitions