New York probate runs through Surrogate's Court and can be slower than in many states, especially in New York City boroughs, which pushes many families toward revocable trusts or beneficiary designations to keep assets out of court.
2 required
New York requires two witnesses who sign within a 30-day window of each other and of the testator's signing, and the testator must either sign in their presence or acknowledge the signature to them.
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New York allows a self-proving affidavit sworn before a notary, which avoids the need for witnesses to appear in Surrogate's Court to prove the will.
Permitted by state law
New York permits remote online notarization through authorized platforms for most documents; some estate documents still benefit from in-person execution given Surrogate's Court practices — confirm current rules before relying on RON. LegacyShield remote notary sessions are coming soon — in-home notary visits are available now.
7–12+ months in many counties, with New York City boroughs often on the longer end due to court caseloads.
New York attorney fees for probate are typically negotiated (often 2–5% of the estate or hourly), and Surrogate's Court filing fees are based on estate size; total costs on a mid-size estate commonly run $5,000–$15,000+ depending on complexity and county.
$50,000 in personal property (does not include real estate)
New York's voluntary administration (small estate) process is available for qualifying estates and is significantly faster than full probate, but it excludes real property.
Common law
New York is an equitable distribution (common-law) state, not a community property state. Each spouse generally owns assets titled in their own name, but New York gives a surviving spouse a statutory "right of election" to claim a share of the estate even if a will leaves them less.
New York uses a Health Care Proxy to appoint an agent plus a separate Living Will for treatment wishes (New York has no statutory living-will form, but courts generally honor a clearly written one). The health care proxy needs two witnesses.
New York's Statutory Short Form Power of Attorney must be signed and notarized, and since 2021 no longer requires witnesses in addition to the notary for most uses — but the form itself must substantially match the statutory language to be accepted by financial institutions.
Laws change and every estate is different — verify current requirements with a licensed attorney in your state before signing or relying on any document.
LegacyShield AI walks you through a state-aware will, trust, powers of attorney, and healthcare directives — with signing instructions for your state included.