Settling an estate in New York
In New York, probate typically takes 9-18 months. Estates under $50,000 can usually use a simpler small-estate process. New York has state estate tax and no inheritance tax.
The key numbers
Reviewed January 2026- Typical probate timeline
- 9-18 months
- Small estate limit
- $50,000
- Small estate process
- Voluntary Administration for estates under $50K of personal property.
- Deadline to file the will / open probate
- No strict deadline
- State estate tax
- Yes, over $6.94 million
- Inheritance tax
- No
- Executor pay
- Statutory: 5% of first $100K, 4% of next $200K, 3% of next $700K, 2.5% of next $4M, 2% over $5M.
- Community property state
- No
- Homestead protection
- $179,950-$399,875 depending on county
NY estate tax has a 'cliff': if estate exceeds 105% of exemption, the ENTIRE estate is taxed, not just the excess.
Deadlines to know
- Creditor claims period
- 7 months from Letters issued
- Estate tax return
- 9 months from death
- Right of election (surviving spouse)
- 6 months from Letters
Common questions
How long does probate take in New York?
Probate in New York typically takes 9-18 months. Simple estates move faster; disputes, real estate in other states, or a business can stretch it.
What is the small estate limit in New York?
$50,000. Voluntary Administration for estates under $50K of personal property.
Does New York have an estate or inheritance tax?
Yes. New York has a state estate tax on estates over $6.94 million. It has no inheritance tax. NY estate tax has a 'cliff': if estate exceeds 105% of exemption, the ENTIRE estate is taxed, not just the excess.
How much does an executor get paid in New York?
Statutory: 5% of first $100K, 4% of next $200K, 3% of next $700K, 2.5% of next $4M, 2% over $5M.
Next steps
Read the full New York estate settlement guide, or start with Executor 101.
Get a New York checklist with Afterward →Figures last reviewed January 2026. Laws change, and this is general information, not legal advice. Confirm with the New York probate court in the county where your loved one lived, or a local estate attorney.