Templates Court Filing Checklists New York Surrogate's Court Probate Filing Checklist

New York Surrogate's Court Probate Filing Checklist

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New York Surrogate's Court Probate Filing Checklist

Court: Surrogate's Court, [________________________________] County
File Number: [________________________________]
Decedent: [________________________________]
Date of Death: [__/__/____]
Petitioner: [________________________________]
Filing Attorney: [________________________________]
Date Prepared: [__/__/____]


I. Type of Proceeding

Probate (Testate - With Will)

☐ Decedent left a valid will
☐ Petition for Probate of Will
☐ Letters Testamentary issued to executor

Administration (Intestate - No Will)

☐ Decedent died without will
☐ Petition for Letters of Administration
☐ Administrator appointed by court

Small Estate Affidavit (SCPA 1310)

☐ Personal property only
☐ Value $50,000 or less
☐ Voluntary administration


II. Venue

☐ County where decedent was domiciled at death
☐ Or county where property located (non-resident)


III. Probate Petition Requirements

Petition Contents

☐ Decedent's information
☐ Date and place of death
☐ Domicile at death
☐ Names and addresses of all distributees
☐ Proposed executor information
☐ Description of estate

Required Attachments

Original Will (do NOT remove staples)
☐ Death Certificate (certified)
☐ Probate Petition (completed)
☐ Renunciations (from non-petitioning fiduciaries)


IV. Citation/Waiver Process

Citation to Distributees

☐ All interested parties must be cited
☐ Served personally or by mail
☐ OR waivers and consents obtained

Waivers and Consents

☐ Waiver of Citation form
☐ Consent to Probate
☐ Signed by each distributee
☐ Signatures acknowledged


V. Proving the Will

Self-Proving Will

☐ Attestation clause and affidavit attached
☐ No witness testimony needed

Non-Self-Proving Will

☐ Witness testimony required
☐ Affidavit of subscribing witness
☐ If witnesses unavailable, other proof


VI. Filing Fee (SCPA 2402)

☐ Filing fee based on estate value
☐ Under $10,000: Minimal fee
☐ Over $500,000: Higher fee
☐ Fee paid


VII. Letters Testamentary/Administration

Upon Court Approval

☐ Oath of Executor/Administrator
☐ Designation of Clerk for Service
☐ Letters issued
☐ Certified copies obtained

Bond

☐ Bond required: ☐ Yes ☐ No
☐ Bond amount: $[________________]
☐ Bond waived by will or consent


VIII. Post-Appointment Duties

Fiduciary Duties

☐ Collect and secure assets
☐ Open estate bank account
☐ Obtain EIN from IRS
☐ Notify creditors

Notice to Creditors

☐ Publication (if required)
☐ Seven-month creditor claim period

Inventory

☐ File inventory with court (if required)
☐ List all estate assets


IX. Administration Timeline

☐ Collect assets
☐ Pay debts and expenses
☐ File estate tax returns (if required)
☐ File accounting
☐ Distribute estate
☐ Obtain releases


X. Final Accounting

☐ Account of all transactions
☐ Notice to interested parties
☐ Court approval or informal settlement
☐ Decree settling account


XI. E-Filing (NYSCEF)

☐ Surrogate's Court uses NYSCEF in many counties
☐ Check if county requires e-filing
☐ File petition and documents electronically


Sources and References

  • Surrogate's Court Procedure Act: https://www.nysenate.gov/legislation/laws/SCP
  • NY Courts Surrogate's Court: https://ww2.nycourts.gov/courts/1jd/surrogates
  • NYSCEF: https://iappscontent.courts.state.ny.us/NYSCEF

Prepared by: [________________________________]
Date: [__/__/____]

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About This Template

Filing a case in state court means getting every form, fee, and deadline right the first time. Courts reject filings over small mistakes all the time: wrong caption, missing signature, wrong number of copies, service done the wrong way. A filing checklist walks you through exactly what to bring, what to sign, and how to serve the other side, so your case actually makes it onto the docket instead of getting bounced back.

Important Notice

This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Last updated: February 2026