Dying without a will in New York: intestate succession & what happens
With no will, New York's intestacy statute (EPTL §4-1.1) sets who inherits, and you file for administration rather than probate; the court issues letters of administration. Kindred handles the administration the same way.
- With no will, New York's intestacy statute (EPTL §4-1.1) sets who inherits, and you file for administration rather than probate; the court issues letters of administration. Kindred handles the administration the same way.
- New York allows self-representation in probate — Kindred handles the administrative work for a flat fee.
- The court appoints an administrator instead of an executor when there is no will naming one.
- Small-estate simplified procedures may still be available even without a will.
Common questions
Do I need a lawyer for probate in New York?
Not necessarily — New York lets an executor or administrator represent the estate without a lawyer. But the Surrogate's Court process (citations, waivers, the petition, the accounting) is demanding. Kindred handles the administrative work and keeps it organized; if anything is contested, we flag it so you can bring in an attorney of your choosing. Kindred is not a law firm.
How much does probate cost in New York?
The Surrogate's Court filing fee is on a sliding scale by estate size — roughly $45 up to $1,250 for estates of $500,000 or more (SCPA §2402). Executor commissions are set by statute (SCPA §2307), starting at 5% of the first $100,000, though family executors often waive them. Attorney fees, if you use one, are typically hourly. These are illustrative figures.
What is voluntary administration in New York?
It's New York's small-estate proceeding, available when the person left $50,000 or less in personal property. It's a simpler, cheaper filing than full probate — a voluntary administrator is appointed to collect and distribute the assets. If the person owned real property in their name alone, full probate is usually still required.
How long does probate take in New York?
Often 7 to 12 months. The most common bottleneck is the citation-and-waiver step — every distributee must sign a waiver or be formally served before the will is admitted. Creditors then generally have 7 months to present claims. Contested or kinship cases take longer.
Last verified June 2026. Figures are illustrative and vary by estate — not a quote or legal advice. Kindred is not a law firm and does not provide legal advice; we handle the administrative work and coordinate an independent attorney where one is legally required.
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