The passing of a loved one creates legal responsibilities that their families don't always expect, and a significant item on that list is probate. If you're an executor or a family member trying to understand the next steps in the probate process, you may be wondering how long it will take. In New York state, the timeline for probate varies depending on the size and complexity of the estate, court schedules, and whether anyone contests the will.
What Is Probate and When Is It Required in New York State?
Probate is the court-supervised legal process for settling a deceased person's estate. If there is a will, the surrogate's court validates it and appoints the named executor to manage the estate. If there is no will, the court can appoint an administrator, typically a close family member. Probate is generally required when the estate includes solely owned assets like bank accounts, vehicles, or real estate.
Assets with designated beneficiaries (like retirement accounts or life insurance) and jointly owned property usually pass outside of probate. For small estates (those with less than $50,000 in personal property and no real estate), New York state offers a simplified process known as voluntary administration.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
