Is there a way to avoid probate appointment in New York?

Yes. A revocable living trust passes assets to beneficiaries without any court appointment — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 minutes.

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.

Got the Letters? Run the whole estate from here.

State

Document Type

Getting Appointed in New York

Executor (testate) / Administrator (intestate); collectively "fiduciary"

Where you file

Surrogate's Court (one per county)

The form that opens the estate

No statewide fill-in form · Fillable PDFStart this petition for New York — we pre-fill it with your information. You review, sign, and file it with the court.

What the court issues (with a will)

Letters Testamentaryissued by Surrogate's Court (the Surrogate; Letters issued by the clerk of the Surrogate's Court after the Surrogate grants the petition)

Letters are an output — the court issues them after granting the petition.

At a glance

UPC adoptedInformal trackE-filingSelf-represented filingLocal/county forms

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.

Statewide Surrogate's Court forms (Petition for Probate, Petition for Letters of Administration, SE-3A) apply in every county, but each county Surrogate's Court publishes its own filing checklists and may require supplemental local forms, affidavits, and cover sheets, and sets its own NYSCEF e-filing protocol. Filing fees are set by SCPA § 2402 on a sliding scale by estate size: the probate fee is computed initially upon the gross estate passing by will as stated in the petition (§ 2402(1)) and the administration fee upon the gross estate passing by intestacy as stated in the petition (§ 2402(2)); an additional fee falls due if the estate is later shown to be larger than the value on which the fee was paid, and a refund is due if it is smaller.

Bond

Required before Letters: No
Waivable by will: Yes
Waivable by beneficiaries: Yes

What to file with the petition

Certified copy of the death certificate (required on any application for letters testamentary, letters of administration, or voluntary administration) (22 NYCRR 207.16; SCPA Art. 14/10/13)
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)
Waivers and consents, or citation with proof of service, for distributees/interested parties (SCPA §§ 1403, 1410)
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))

Small-estate alternative

Bypasses full Letters: Yes
Form: SE-3AView source
Form name: Affidavit of Voluntary Administration (Small Estate Affidavit)

State-specific notes

New York runs estates through a county Surrogate’s Court (not a probate division of a general trial court) under the SCPA and EPTL, with no Uniform Probate Code and no informal/registrar appointment track. With a will: Petition for Probate → Letters Testamentary (SCPA Art. 14). Without a will: Petition for Letters of Administration → Letters of Administration (SCPA Art. 10), issued by priority of distributee class (SCPA § 1001). Estates of personal property $50,000 or less can use Article 13 voluntary administration (form SE-3A), which issues a Certificate of Voluntary Administration instead of Letters and avoids a formal fiduciary appointment. Bond differs by track: no bond is required of an executor unless the will requires it (SCPA § 710(1)), but an administrator must file a bond before Letters of Administration issue unless the court dispenses with it — which it may do where the petitioner is entitled to the whole estate, or where acknowledged consents to dispense with the bond are filed by all persons interested in the estate (SCPA § 805(1)); either way no bond is required where the assets do not exceed the small-estate amount (SCPA § 801(1)). Filing fees scale with estate size under SCPA § 2402.

A revocable living trust passes assets to your family without this court appointment process — no petition, no Letters, no bond.

Create a Revocable Trust in 15 minutes

This tool provides general information about how a personal representative is appointed and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.Data verified 2026-07-15

Frequently Asked Questions

New York has no single statewide fill-in petition; the opening document is prepared to statute and filed with the Surrogate's Court (one per county). After the court grants the petition, Surrogate's Court (the Surrogate; Letters issued by the clerk of the Surrogate's Court after the Surrogate grants the petition) issues your Letters Testamentary (with a will) or Letters of Administration (without a will).

Along with the petition, New York generally requires: Certified copy of the death certificate (required on any application for letters testamentary, letters of administration, or voluntary administration) (22 NYCRR 207.16; SCPA Art. 14/10/13); 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); Waivers and consents, or citation with proof of service, for distributees/interested parties (SCPA §§ 1403, 1410); 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. E-filing is available. 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.

Getting Appointed in New York

In New York, a personal representative is appointed by the Surrogate's Court (one per county). Surrogate's Court (the Surrogate; Letters issued by the clerk of the Surrogate's Court after the Surrogate grants the petition) issues the Letters that prove authority over the estate — Letters Testamentary when there is a will, Letters of Administration when there is not. New York's Uniform Probate Code adoption status: No.

New York publishes no single statewide fill-in petition; the opening document is prepared to statute and filed with the court. The court filing fee runs $45 - $1,250 (based on estate value), and an informal appointment track for qualifying estates is available: No.

New York does not require a bond by default before Letters issue, though the court can order one where it is needed to protect creditors or heirs.

Estates under $50,000 in New York may qualify for a simplified procedure that avoids a full appointment entirely (SE-3A). See the self-file probate assessment for a New York cost comparison.

SimplyTrust Editorial·Updated July 14, 2026

Legal Sources

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

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New York Estate Planning Resources

In-depth guides covering New York probate laws, trust requirements, and estate planning strategies.

How Do I Get Appointed as Executor in New York?

Getting Appointed in New YorkN.Y. Surrogate's Court Procedure Act Art. 14 (§§ 1401-1424, probate; § 1402 who may propound will/contents of petition; § 1414 letters testamentary); Art. 10 (§ 1001 et seq., administration); Art. 13 (§§ 1301-1312, small estate)Verified Jul 15, 2026View source

At a glance

BondSCPA §§ 710, 801, 805, 806Verified Jul 15, 2026View source

What to file with the petition

Small-estate alternative

State-specific notes

Frequently Asked Questions

Is this your situation?

Named as Executor

Your kids shouldn't have to do this.

New York Estate Planning Resources

Getting Appointed in New YorkN.Y. Surrogate's Court Procedure Act Art. 14 (§§ 1401-1424, probate; § 1402 who may propound will/contents of petition; § 1414 letters testamentary); Art. 10 (§ 1001 et seq., administration); Art. 13 (§§ 1301-1312, small estate)Verified Jul 15, 2026View source

At a glance

BondSCPA §§ 710, 801, 805, 806Verified Jul 15, 2026View source

What to file with the petition

Small-estate alternative

State-specific notes

Is this your situation?

Named as Executor

Getting Appointed in New York

Bond

Getting Appointed in New York

Bond