When a decedent, or a person who dies, leaves a will, a proceeding must be completed in the Surrogate's Court to probate or prove the will. When a person dies intestate, that person's property is distributed according to the law.In New York, that law is found in EPTL 4-1.1. Filing the probate petition. The six ways to probate or administer a New York estate yourself (DIY) without a New York lawyer, including free forms, are: You'll receive an email within 24 hours explaining what documents are needed to complete your claim. Typically, we require: A copy of the death certificate. To Open a Safe Deposit Box After Death in NYC, you must Petition the Surrogate's Court in the County where the Decedent died for permission. The purpose of drafting a last will and testament is primarily to control where your assets go after you die. But what happens if you die without a will?