Prepare Legal New York Probate Forms For Free

A Petition for Probate must be filed in the county that the deceased resided at the date of death. The petition must be filed with the original last will and testament, death certificate, and court filing fee. Additional supporting documents and affidavits may be required depending on the circumstances.

In some states, there is a time limit to applying for probate (for example, the filing of all the necessary paperwork must begin ten days after the date of death). However, if you're in New York, there's no designated timeline for filing a request to validate the will with the probate court.

A probate attorney is not required under New York law, but legal assistance can save time and effort by ensuring that paperwork is completed properly and everyone with an interest in the estate receives the required notifications.

Many probate attorneys charge by the hour and their fees can be anywhere from $350 - $600/hour. Sometimes, if an estate is small and simple, they may charge a flat fee, generally starting around $3,000 and going up from there.

In New York state, a will only has to be submitted to probate if the decedent's remaining assets are worth $30,000 or more. Such assets do not include any property or funds that transferred via pay on death accounts, in trust for (ITF) accounts, or joint ownership, as these automatically bypass the probate process.

§2402. Fees; amount of. Value of Estate or Subject MatterFee Rate50 000 but under 100,000$280.00100,000 but under 250,000$420.00250,000 but under 500,000$625.00500,000 and over$1,250.003 more rows