What assets skip probate?

Assets with named beneficiaries — life insurance, retirement accounts, payable-on-death and transfer-on-death accounts — pass directly to the beneficiary. Jointly owned property with right of survivorship and assets in a living trust also avoid probate.

How long does probate take?

A simple estate often settles in a few months to a year; complex or contested estates take longer. Using a small-estate affidavit, where the estate qualifies, is usually much faster than full administration.

Probate · New York

Probate & settling an estate in New York

In New York, estates under $50,000 in personal property can usually skip full probate. New York's small-estate (voluntary administration) process handles estates of $50,000 or less in personal property through the Surrogate's Court, without full administration.

Small-estate threshold: $50,000 in personal property
How it works: New York's small-estate (voluntary administration) process handles estates of $50,000 or less in personal property through the Surrogate's Court, without full administration.

Probate is the court-supervised process of settling someone's estate — proving the will, paying debts, and distributing what's left. Most states offer a simplified 'small-estate' shortcut when the estate's value is below a set threshold, letting heirs use an affidavit instead of full administration. Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death accounts) and jointly owned property usually pass outside probate entirely. Thresholds, timelines, and forms vary by state, so confirm with the local probate or surrogate's court.

Common questions

What is the small-estate limit in New York?: $50,000 in personal property. New York's small-estate (voluntary administration) process handles estates of $50,000 or less in personal property through the Surrogate's Court, without full administration.
What assets skip probate?: Assets with named beneficiaries — life insurance, retirement accounts, payable-on-death and transfer-on-death accounts — pass directly to the beneficiary. Jointly owned property with right of survivorship and assets in a living trust also avoid probate.
How long does probate take?: A simple estate often settles in a few months to a year; complex or contested estates take longer. Using a small-estate affidavit, where the estate qualifies, is usually much faster than full administration.

What to do when someone dies in New York Planning ahead

General guidance, not legal advice. Probate rules and thresholds change — confirm with the New Yorkprobate or surrogate's court, or an attorney.