Simplified route
$50,000
Voluntary administration / small estate (SCPA art. 13); no waiting period stated.
Eligibility and caveatsNew York estate administration
New York probate: rules, process, costs, executor fees and deadlines
Small-estate limit: $50,000
This guide explains probate in New York: In New York, decedents' estates are administered by the Surrogate's Court in the decedent's county. Estates of $50,000 or less in personal property may use the simplified voluntary-administration (small estate) procedure. New York publishes real statutory schedules for both court filing fees (SCPA § 2402) and executor commissions (SCPA § 2307).
Sources reviewed August 9, 2026. Latest primary-source re-fetch October 3, 2026.
Answer first
New York simplified probate route
Up to $50,000; no waiting period stated. Source: N.Y. Surr. Ct. Proc. Act § 1301.
Voluntary administration / small estate (SCPA art. 13)Screen a specific New York estate with the calculators on the small-estate page and the executor-fee page, or compare states in the full estate navigator.
What the reviewed rules establish
Court cost
Tiered
1 published schedule, itemised on the filing-cost page.
Filing-cost detailExecutor compensation
Statutory schedule
A statutory percentage schedule applies. Source: N.Y. Surr. Ct. Proc. Act § 2307.
Compensation detailCreditor deadline
Multiple triggers
N.Y. Surr. Ct. Proc. Act § 1802 (New York State Senate (Open Legislation); reviewed August 9, 2026)
Timeline and creditor detailsNew York decision map
The four facts that change the New York route
Each New York answer below links to the page that sets out its source.
| Question | Recorded New York answer |
|---|---|
| What route is being screened? | Voluntary administration / small estate (SCPA art. 13) |
| What property and basis count? | personal probate property only; gross value with statutory exemptions not classified by this worksheet. |
| What is the amount screen? | $50,000 |
| What is the time or deadline record? | No universal waiting period stated; creditor deadlines: separate clocks by triggering event |
| What does the cost record establish? | 1 published schedule; the proceeding and value basis control the total. |
| What does compensation use? | Statutory percentage schedule, measured on money received and paid out during administration. |
Limits and unresolved costs
Continue
What New York courts publish
Every link is probed before each release.
No New York court document is linked here. The notes below state why, rather than leaving the absence unexplained.
Limits on court material
- New York probate is handled by the Surrogate's Court in each county.
- The New York Courts self-help pages (nycourts.gov) return HTTP 403 to automated fetches (Cloudflare interstitial), so no court-resource URL could be verified to return HTTP 200 in this session. Primary statutory text is taken from the New York State Senate's official Open Legislation service (www.nysenate.gov) over HTTPS.
- New York's Surrogate's Court forms, including the small-estate (voluntary administration) affidavit, are published by the Unified Court System, whose servers refuse automated requests. No New York court link is published here rather than one this site cannot prove reachable: obtain the affidavit from the Surrogate's Court of the county where the decedent lived.
New York primary sources
- N.Y. Surr. Ct. Proc. Act § 1301 — N.Y. SCPA § 1301 - Definitions (small estate / voluntary administration)
- N.Y. Surr. Ct. Proc. Act § 1304 — N.Y. SCPA § 1304 - Summary procedure (voluntary administration)
- N.Y. Surr. Ct. Proc. Act § 2402(7) — N.Y. SCPA § 2402 - Surrogate's Court fees
- N.Y. Surr. Ct. Proc. Act § 2307 — N.Y. SCPA § 2307 - Commissions of fiduciaries other than trustees
- N.Y. Surr. Ct. Proc. Act § 1802 — N.Y. SCPA § 1802 - Effect of failure to present claim
Every quotation, edition label and machine check is on the New York source record.
New York record: 5/5 verified, 16 matched checks, latest source re-fetch October 3, 2026. Source record · method · report a correction