US-New YorkWhat is probate and how does it work in Surrogate's Court?
Probate is the legal process in New York Surrogate's Court that validates a deceased person’s will and appoints an executor to manage and distribute the estate. It applies only to assets held solely in the decedent’s name without beneficiary designations or joint ownership.
What the Law Says
New York’s probate process is governed by the Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law (EPTL). The Surrogate’s Court has exclusive jurisdiction over probate matters involving wills executed by New York residents.
Probate begins when a petition is filed in the Surrogate’s Court in the county where the deceased person lived at death. The court reviews the will for validity — including proper execution (two witnesses), testamentary capacity, and absence of undue influence.
If the will is accepted, the court issues Letters Testamentary, officially appointing the named executor to collect assets, pay debts and taxes, and distribute the remaining estate to beneficiaries per the will’s terms.
Assets that pass outside probate — such as jointly held bank accounts, life insurance with named beneficiaries, or assets in a trust — are not subject to this process.
Statutory TextThe surrogate's court shall have jurisdiction over all proceedings concerning the affairs of decedents, incompetents and minors.
— Surrogate's Court Procedure Act (SCPA), § 201 — Jurisdiction
Statutory TextEvery last will and testament must be in writing and subscribed by the testator in the presence of at least two attesting witnesses.
— Estates, Powers and Trusts Law (EPTL), § 3-2.1 — Execution of wills
What to Do
Locate the original signed will and gather death certificate, asset list, and debt information.
File a probate petition (Form SCPA 1401) and proposed executor oath (Form SCPA 1404) in the correct county Surrogate’s Court.
Serve notice on all distributees (heirs-at-law) and beneficiaries named in the will within 30 days of filing.
Attend court hearing (if required); most uncontested cases are approved on submission.
Once Letters Testamentary are issued, open an estate bank account, notify creditors, file tax returns, and distribute assets after settling debts and taxes.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.