These answers address estate planning and probate for New York County (Manhattan) residents, grounded in New York’s EPTL and SCPA and the realities of the New York County Surrogate’s Court at 31 Chambers Street. Each answer is written to stand on its own. For a deeper local treatment, see the Manhattan estate guide.
Process and timing
How long does probate take in Manhattan? An uncontested probate at the New York County Surrogate’s Court typically takes about 7 to 12 months from filing to distribution. Contested estates — more common in Manhattan because of high-value co-ops and condos — can run a year or more. Issuing letters testamentary on a clean filing often takes a few weeks to a couple of months.
Where do I file a Manhattan estate? At the New York County Surrogate’s Court, 31 Chambers Street, New York, NY 10007, when the decedent was domiciled in New York County at death (SCPA 205). The Help Center is in Room 302, and most filings use NYSCEF e-filing.
Do all my assets go through probate? No. Jointly owned property, retirement accounts and life insurance with named beneficiaries, and assets in a funded trust pass outside probate. Typically only solely owned assets — often a co-op or condo — go through the Surrogate’s Court.
Documents and the law
What happens if I die without a will in New York? Your estate passes by intestacy under EPTL 4-1.1: a spouse with no children takes everything; a spouse with children takes $50,000 plus half, children split the rest; children with no spouse share equally. An unmarried partner inherits nothing — only a will fixes that.
What makes a will valid in New York? Under EPTL 3-2.1, the will must be in writing, signed by you at the end, and witnessed by two people who you tell it is your will and who sign within about 30 days of each other. A handwritten or oral will (EPTL 3-2.2) is valid only for service members and certain mariners.
Do I need a trust if I own a Manhattan co-op? Often yes. A revocable living trust holding your co-op shares (EPTL 7-1.12, with board consent) can avoid New York County probate, keep the transfer private, and reduce contest risk. A will alone sends the apartment through 31 Chambers Street.
Can I disinherit my spouse? Not fully. A surviving spouse can elect against the will for the greater of $50,000 or one-third of the estate under EPTL 5-1.1-A, regardless of the will’s terms.
Cost and fees
How much does probate cost in New York County? The Surrogate’s Court filing fee is graduated by estate value under SCPA 2402 — roughly $45 to $1,250 — plus attorney’s fees and the executor’s statutory commission. A Manhattan co-op alone usually puts the estate in the top fee bracket.
How much does an executor get paid? A statutory commission under SCPA 2307: 5% of the first $100,000, 4% of the next $200,000, 3% of the next $700,000, 2.5% to $5 million, and 2% above. An executor who also inherits often waives it because the commission is taxable income.
How much can I leave before New York estate tax applies? Estates at or below the NY basic exclusion owe no state estate tax, but the cliff taxes the entire estate once you exceed the exemption by more than 5%. The figure changes annually — verify the current year’s exemption.
Manhattan-specific
Does a co-op count as real estate in probate? No. A co-op is personal property — shares plus a proprietary lease — so it doesn’t pass by deed. It runs through the estate, and the new owner needs co-op board approval, a step the Surrogate’s Court can’t grant.
My parent lived in Manhattan but had a Florida condo — where is the estate handled? In New York County if your parent kept New York domicile (SCPA 205). Domicile, not where property sits, sets venue and New York estate-tax exposure — a key issue for snowbirds.
Why are will contests more common in Manhattan? High co-op and condo values raise the stakes, so disappointed relatives more often allege undue influence or lack of capacity. SCPA 1404 examinations let them investigate before formally objecting.
Does New York have an inheritance tax? No. New York has an estate tax (paid by the estate) and no inheritance or gift tax — though it adds back gifts made within three years of death.
When you need a lawyer
Do I need an estate-planning attorney in Manhattan? You can file pro se, and the Help Center provides forms. But Manhattan estates routinely involve co-op board transfers, estate-tax cliff planning, and contest risk — situations where the Help Center can’t advise and a misstep is expensive. Most New York County estates of any size benefit from representation.
Talk to an attorney
For answers specific to your apartment, your building, and your family, book a 30-minute consult with Russel Morgan: calendly.com/russel-morgan/30min. Learn more about the firm or how to reach us.
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