New York City probate is not a single, uniform process. Every borough has its own Surrogate’s Court, its own clerk practices, and its own caseload rhythms. For estates tied to Manhattan — whether the decedent lived in Tribeca, the Upper West Side, Harlem, or Midtown — the controlling forum is New York County Surrogate’s Court. Morgan Legal Group was built around that reality. Attorney Russel Morgan, Esq. has spent his career navigating the procedural specifics of New York County, and this site exists to demystify what that process looks like for grieving families who have never set foot in a Surrogate’s courtroom.
Who We Are
Morgan Legal Group is a New York City law firm concentrating on estate administration, probate proceedings, and related matters governed by the Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law (EPTL). Our clients are executors named in a will, family members navigating intestacy, and beneficiaries who need someone in their corner when disputes arise.
We do not operate a national template practice. When we appear at New York County Surrogate’s Court, we know the local rules, the return-date calendar, and the evidentiary expectations for that specific courthouse.
What Probate Involves in New York County
The core of every New York County probate is a Petition for Probate filed together with the original will and a certified death certificate. The court must obtain jurisdiction over all distributees — usually through executed waivers and consents, or through a formal citation process if any party is unreachable or uncooperative. On the scheduled return date, absent valid objection, the court enters a decree admitting the will and issues Letters Testamentary under SCPA §1414, which formally authorizes the executor to act.
When the estate needs immediate administration while probate is still pending, Preliminary Letters Testamentary are available under SCPA §1412 — a critical tool for estates with active businesses, rental properties, or time-sensitive assets common in a city like New York.
Key Milestones at a Glance
| Stage | Governing Authority | Typical Timing |
|---|---|---|
| File petition + original will | SCPA; New York County Surrogate’s Court | Day 1 |
| Jurisdiction over distributees | Waiver/consent or citation | Weeks 1–4 |
| Return date / decree | Surrogate’s decree | Month 2–3 |
| Letters Testamentary issue | SCPA §1414 | Following decree |
| Asset collection, debt payment, distribution | EPTL; executor’s fiduciary duties | Months 3–6+ |
Uncontested New York City probate typically resolves in three to six months. Contested matters — addressed through our contested probate practice — take longer. Attorney fees generally range from $3,000 to $10,000 for straightforward estates; court filing fees are graduated by estate value under SCPA §2402 and should be confirmed with the court or your counsel.
For smaller estates, SCPA Article 13 provides a voluntary administration procedure by affidavit, bypassing full probate — though real property is generally excluded. Learn more on our small estate affidavit page.
2026 New York Estate Tax Note
New York’s estate tax exclusion for 2026 stands at $7,350,000. Estates exceeding $7,717,500 (the 105% cliff) lose the exclusion entirely and are taxed on the full value. This cliff effect is a planning concern unique to New York State and a frequent topic in our consultations for larger New York County estates.
Work With Us
If you are administering an estate in New York County — or anticipate the need — schedule a 30-minute consultation with Russel Morgan, Esq. We will walk you through your obligations as executor, explain the Surrogate’s Court process, and give you a realistic picture of timeline and cost.
Further reading from Morgan Legal Group: common mistakes executors make.