What to Do When Someone Dies in New York
When a loved one passes away in New York, there are important legal and financial steps to take. New York has its own estate tax with a relatively low threshold, and all probate matters go through the Surrogate's Court in each county.
Small Estate Threshold
$50,000
Probate Timeline
7-12 months
Death Certificate
$30 per copy
Order From
NYC Health Department or NY State DOH
State Estate Tax
YesInheritance Tax
NoUnique to New York
New York has a state estate tax with a $6.94 million exemption (with a 'cliff' - estates exceeding 105% of exemption lose entire benefit)
Get the death certificate in New York
In New York, the funeral home files the death certificate with the city (in NYC) or town/village registrar. Certified copies cost $30 each. Order from NYC Health Department for NYC deaths, or NY State Department of Health for rest of state. Request 10-15 certified copies.
- Funeral home files with local registrar within 72 hours
- Request certified copies from city/town registrar ($30 each)
- For NYC deaths, order from NYC Health Department
- For rest of state, order from NY State DOH
Understand New York probate
New York probate is handled by the Surrogate's Court in each county. The process typically takes 7-12 months. Small estates under $50,000 can use a simplified 'voluntary administration' process. New York has an estate tax with a $6.94 million exemption, but beware the 'cliff' - estates exceeding 105% of the exemption lose the entire benefit.
- File will with Surrogate's Court in county where deceased lived
- For small estates under $50,000, consider voluntary administration
- If estate exceeds $6.94 million, file NY estate tax return
- Publish notice to creditors in local newspaper
Handle financial accounts
Gather information about bank accounts, investment accounts, and retirement funds. Contact each financial institution with a certified death certificate. Accounts with named beneficiaries pass outside probate.
- List all bank accounts, investments, and retirement funds
- Contact each institution with a certified death certificate
- Check for beneficiary designations and POD accounts
- For small estates, use voluntary administration affidavit
Key deadlines in New York
File will with Surrogate's Court
New York requires the will to be filed with Surrogate's Court promptly after death
Frequently asked questions about New York estates
Neighboring state guides
Estate laws vary by state. If the deceased owned property in multiple states, you may need to file in each state.
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