How Do I Get Appointed as Executor in New York?
See the appointing court, the petition that opens the estate, what to file, and bond rules to be appointed in your state.
Frequently Asked Questions
New York uses Petition for Probate (P-1), filed with the Surrogate's Court. Surrogate's Court issues Letters Testamentary or Letters of Administration after the court grants the petition.
Along with the petition, New York generally requires: 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)); Waivers and consents, or citation with proof of service, for distributees/interested parties (SCPA §§ 1403, 401(4)); Affidavit(s) of attesting witnesses or self-proving affidavit for the will (probate track) (SCPA § 1406); Bond — no bond is required of an executor unless the will requires it (SCPA § 710(1)); on the intestate track an administrator must file a bond before Letters issue unless the court dispenses with it because the petitioner takes the whole estate or all interested persons file acknowledged consents (SCPA § 805(1)); and no bond is required of either where the assets do not exceed the small-estate amount (SCPA § 801(1)).
New York does not require a bond by default before Letters issue, though the court can order one.
New York permits self-represented filers to open an estate, using Petition for Probate (P-1). E-filing is available to self-represented filers. The Self-File Probate Assessment compares self-filing and attorney costs for New York.
Yes. A revocable living trust passes assets to beneficiaries without any court appointment in New York — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 minutes.
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Calculators and checklists for navigating probate and estate administration.
Petition for Probate and Letters
Prepare the application to open probate and request Letters Testamentary or of Administration.
Notice to Creditors
Prepare the creditor notice for an estate — the official state form or a notice typeset to statute, plus mailed notices for known creditors.
Small Estate Affidavit
Prepare the affidavit that collects a small estate's property without probate — the official state form or an affidavit drafted to statute, plus a presentation letter for each holder.
Estate Inventory
Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.
Estate Closing
Prepare the paperwork that closes the estate — the state's closing statement, petition for discharge, or final account, with the state's closing instructions and the optional federal forms.
Letter of Instruction
Prepare the letter of instruction a bank or insurer requests during estate settlement.
How Much Does Probate Cost?
Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.
How Much Can an Executor Charge?
Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.
Who Inherits Without a Will?
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
How Much Are Estate & Inheritance Taxes?
Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.
How Many Death Certificates Do I Need?
Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.
Do I Need Probate?
Answer a few questions to find out if an estate needs full probate, qualifies for simplified probate, or can avoid probate entirely with a small estate affidavit.
Hire a New York Probate Attorney
Browse 102 probate firms in New York with addresses, contact info, and practice details.
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New York Estate Planning Resources
In-depth guides covering New York probate laws, trust requirements, and estate planning strategies.