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New York source record

Every source behind the New York guide

5 primary records, quoted verbatim and checked against 16 named presence or absence conditions that must pass against the live government text. Open the record, read the words the publishing body actually used, and confirm the current rule for yourself.

Last full re-fetch September 15, 2026

What each source establishes

The New York guide rests on the source-backed rules this site can verify for the state: which simplified procedure exists and what it limits, what the court charges, how the person administering the estate may be paid, and the statutory creditor-deadline clocks the official text states.Every published rule below is quoted in the publisher’s own words rather than summarised.

Simplified-procedure rule

N.Y. Surr. Ct. Proc. Act § 1301 (SCPA 1301)

New York State Senate (Open Legislation) · Viewing most recent revision (from 2019-11-29) · Verified August 9, 2026

A small estate is the estate of a domiciliary or a non-domiciliary who dies leaving personal property having a gross value of $50,000 or less exclusive of property required to be set off under EPTL 5-3.1 (a).

What this means: Primary text is taken from the New York State Senate's official Open Legislation service over HTTPS. The page carries the publisher's own currentness marker ('Viewing most recent revision (from 2019-11-29)'), which is pinned and re-checked each release. Confirm anything decision-critical with the Surrogate's Court.

What was published from this source

  • NY N.Y. Surr. Ct. Proc. Act § 1301

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • NY small-estate $50,000
  • NY s1301 section identity
  • section identity

Response digest e4cbaf4fcad240a4… · HTTP 200

Simplified-procedure rule

N.Y. Surr. Ct. Proc. Act § 1304 (SCPA 1304)

New York State Senate (Open Legislation) · Viewing most recent revision (from 2014-09-22) · Verified August 9, 2026

No waiting period after the death of the decedent is required.

What this means: Primary text is taken from the New York State Senate's official Open Legislation service over HTTPS. The page carries the publisher's own currentness marker ('Viewing most recent revision (from 2014-09-22)'), which is pinned and re-checked each release. Confirm anything decision-critical with the Surrogate's Court.

What was published from this source

  • NY N.Y. Surr. Ct. Proc. Act § 1304

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • NY voluntary admin no waiting period
  • NY voluntary admin $1 affidavit fee
  • NY s1304 section identity
  • section identity

Response digest 631da801727396b3… · HTTP 200

Court cost rule

N.Y. Surr. Ct. Proc. Act § 2402(7) (SCPA 2402(7))

New York State Senate (Open Legislation) · Viewing most recent revision (from 2014-09-22) · Verified August 9, 2026

Less than $10,000 ....................................... $ 45.00 10,000 but under 20,000 ................................. 75.00 20,000 but under 50,000 ................................. 215.00 50,000 but under 100,000 ................................ 280.00 100,000 but under 250,000 ............................... 420.00 250,000 but under 500,000 ............................... 625.00 500,000 and over ........................................ 1,250.00

What this means: Subdivision 7 sets a statewide banded fee applied to the gross estate (for probate, the gross estate passing by will; for administration, the value of the estate). An additional fee is due if the estate's value is later shown to be higher. Primary text is taken from the New York State Senate's official Open Legislation service over HTTPS. The page carries the publisher's own currentness marker ('Viewing most recent revision (from 2014-09-22)'), which is pinned and re-checked each release. Confirm anything decision-critical with the Surrogate's Court.

What was published from this source

  • NY N.Y. Surr. Ct. Proc. Act § 2402(7)

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • NY 2402 banded fee schedule
  • NY s2402 section identity
  • section identity

Response digest 0ce31743fb225618… · HTTP 200

Executor compensation rule

N.Y. Surr. Ct. Proc. Act § 2307 (SCPA 2307)

New York State Senate (Open Legislation) · Viewing most recent revision (from 2020-01-10) · Verified August 9, 2026

(a) For receiving and paying out all sums of money not exceeding $100,000 at the rate of 5 percent. (b) For receiving and paying out any additional sums not exceeding $200,000 at the rate of 4 percent. (c) For receiving and paying out any additional sums not exceeding $700,000 at the rate of 3 percent. (d) For receiving and paying out any additional sums not exceeding $4,000,000 at the rate of 2 1/2 percent. (e) For receiving and paying out all sums above $5,000,000 at the rate of 2 percent.

What this means: Commissions are on 'sums of money' received and paid out (receipts and expenditures), not gross estate. Subdivision (f) lets a will fix different rates/amounts for a corporate executor. Primary text is taken from the New York State Senate's official Open Legislation service over HTTPS. The page carries the publisher's own currentness marker ('Viewing most recent revision (from 2020-01-10)'), which is pinned and re-checked each release. Confirm anything decision-critical with the Surrogate's Court.

What was published from this source

  • NY N.Y. Surr. Ct. Proc. Act § 2307

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • NY 2307 commission tiers 5/4/3/2.5/2%
  • NY s2307 section identity
  • section identity

Response digest c45ec5567a818d95… · HTTP 200

Creditor deadline rule

N.Y. Surr. Ct. Proc. Act § 1802 (SCPA 1802)

New York State Senate (Open Legislation) · Viewing most recent revision (from 2019-11-22) · Verified August 9, 2026

If any claim is not presented within 7 months from the date of issue of letters,

What this means: The 7-month period runs from the date letters were first issued; it is a calendar-month period, so no fixed day count is published. creditorClaims is reported as unknown with the trigger named. Primary text is taken from the New York State Senate's official Open Legislation service over HTTPS. The page carries the publisher's own currentness marker ('Viewing most recent revision (from 2019-11-22)'), which is pinned and re-checked each release. Confirm anything decision-critical with the Surrogate's Court.

What was published from this source

  • NY N.Y. Surr. Ct. Proc. Act § 1802

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • NY creditor 7 months from letters
  • NY s1802 section identity
  • section identity

Response digest 97a23b7d985c93b8… · HTTP 200

New York source decision map

How the New York records fit together

The source record is most useful when each citation has a job. This map links the New York procedure, cost, compensation, and deadline records to the decision each one can and cannot answer.

QuestionRecorded New York answerCarry into the case
What route is being screened?Voluntary administration / small estate (SCPA art. 13)Confirm that the will, prior appointment, family facts, and asset titles fit this route.
What property and basis count?personal probate property only; gross value with statutory exemptions not classified by this worksheet.Keep real property, liens, beneficiary transfers, and survivorship transfers classified separately.
What is the amount screen?$50,000Use the counted property, not a bank-balance shortcut.
What is the time or deadline record?No universal waiting period stated; SCPA § 1802 bars claims not presented within 7 months from the date letters are first issued, but this is a calendar-month period running from appointment (not a fixed day count), and it interacts with the fiduciary's separate publication/notice practice; a single day number would mislead.Keep the event that starts each clock with the date; do not combine separate periods into one number.
What does the cost record establish?1 published schedule; the proceeding and value basis control the total.Ask the Surrogate's Court about local surcharges, copies, publication, bond, and later filings.
What does compensation use?SCPA § 2307 sets commissions on the sums of money the fiduciary receives and pays out: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4,000,000, and 2% on all sums above $5,000,000. Commissions are computed on receipts and expenditures, not on gross estate value. A will may fix different rates for a corporate executor (subd. f). The relevant base is money received and paid out during administration.Keep the will, task log, receipts, and accounting base together; extraordinary work is separate.

Decision boundary

What the New York source set does not silently decide

The New York records establish the rules listed above, but they do not turn a source citation into advice about title, family priority, tax filing, contested proceedings, or the exact clerk practice in every county. Those questions stay with the official court or a qualified adviser. The useful next step is to match the question to the citation rather than treating the longest quote as the answer to every estate problem.

Arithmetic illustration

See the New York amount screen without mistaking it for a result

The recorded New York ceiling is $50,000, and it is tested against personal probate property only, on a basis this site records as gross value with statutory exemptions not classified by this worksheet. Counted that way, $37,500 sits below the New York figure and $62,500 sits above it. Both are comparisons to a published number rather than legal outcomes: two estates holding the same total can land on opposite sides of this line, because what New York counts and how it values it are decided before the comparison is made.

Illustrative counted amountComparison to the New York ceilingWhat it does not decide
$37,500Below $50,000Title, liens, waiting period, appointment, or creditor duties
$62,500Above $50,000Whether another statutory route or court process applies

Next evidence to collect

Open the quoted record for the row you rely on and check the publisher's current text before filing.

  1. Record the date of death, the county, and the exact proceeding or affidavit being considered.
  2. Classify each asset by title, beneficiary, trust, real-property status, and the value basis shown above.
  3. Open the official court material below and keep its form or schedule with the estate record.
  4. Do not distribute property until the route, creditor position, and required approvals are resolved.

Official material

New York publishes no court artifact in this registry. New York probate is handled by the Surrogate's Court in each county.

New York probate is handled by the Surrogate's Court in each county.

The New York Courts self-help pages (nycourts.gov) return HTTP 403 to automated fetches (Cloudflare interstitial), so no court-resource URL could be verified to return HTTP 200 in this session. Primary statutory text is taken from the New York State Senate's official Open Legislation service (www.nysenate.gov) over HTTPS.

Source trail

Records used by this New York map

What New York courts publish

The statutes on this page state the rule. These are the documents the court itself publishes. Every link is probed before release, and any link that stops resolving fails the build rather than staying on the page.

No New York court document is linked here. The notes below state why, rather than leaving the absence unexplained.

Limits on court material

  • New York probate is handled by the Surrogate's Court in each county.
  • The New York Courts self-help pages (nycourts.gov) return HTTP 403 to automated fetches (Cloudflare interstitial), so no court-resource URL could be verified to return HTTP 200 in this session. Primary statutory text is taken from the New York State Senate's official Open Legislation service (www.nysenate.gov) over HTTPS.
  • New York's Surrogate's Court forms, including the small-estate (voluntary administration) affidavit, are published by the Unified Court System, whose servers refuse automated requests. No New York court link is published here rather than one this site cannot prove reachable: obtain the affidavit from the Surrogate's Court of the county where the decedent lived.

Checking these New York records against the publishers

Every citation above links to the body that publishes it, and every quoted sentence is reproduced exactly, so a text search on the publisher’s own page should land on it. Where the publisher’s current wording differs from what is recorded here, the publisher governs and this page is wrong; naming the citation and the language you see maps the difference onto a specific condition rather than a general complaint. The full procedure, including how a source qualifies in the first place and what disqualifies one, is set out once on the methodology page instead of being restated on each of the254 state records.

These records cover the cost and route questions this site answers for New York. They do not cover intestate succession shares, spousal and family allowances, creditor priority, tax filing obligations, real-property transfer mechanics, or contested proceedings. Where an answer would require one of those, the site says so rather than estimating.

Return to the New York estate guide ·All 254 records ·Dataset overview and citation ·How sources are selected