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.

New York Quick Facts

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

Yes

Inheritance Tax

No

Unique 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.

  1. Funeral home files with local registrar within 72 hours
  2. Request certified copies from city/town registrar ($30 each)
  3. For NYC deaths, order from NYC Health Department
  4. 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.

  1. File will with Surrogate's Court in county where deceased lived
  2. For small estates under $50,000, consider voluntary administration
  3. If estate exceeds $6.94 million, file NY estate tax return
  4. 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.

  1. List all bank accounts, investments, and retirement funds
  2. Contact each institution with a certified death certificate
  3. Check for beneficiary designations and POD accounts
  4. For small estates, use voluntary administration affidavit

Key deadlines in New York

As soon as possible

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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