How Long Does Probate Take in New York?
How Long Does Probate Take in New York?
Probate is the legal process of settling a deceased person’s estate, ensuring that their assets are distributed according to their will or state law if no will exists. While probate is a necessary step for many estates in New York, the process can vary significantly in duration depending on the complexity of the estate and any disputes that may arise.

At Jack Weissman, Attorney at Law, we provide legal assistance to the Brooklyn public, guiding families through the probate process with efficiency and care.
Typical Timeline for Probate in New York
The length of probate in New York depends on several factors, but the process generally takes anywhere from 6 months to 18 months or longer. Here’s a breakdown of the steps involved:
1. Filing the Petition (1 to 2 Months)
- The probate process begins with filing a petition with the Surrogate’s Court in the county where the deceased resided.
- This includes submitting the original will (if one exists) and notifying beneficiaries and heirs.
- Delays may occur if the court requests additional documentation or if beneficiaries contest the will.
2. Appointment of the Executor (1 to 3 Months)
- Once the petition is approved, the court formally appoints the executor named in the will, granting them the authority to manage the estate.
- If there is no will or the named executor cannot serve, the court appoints an administrator, which can extend the timeline.
3. Inventorying Assets (3 to 6 Months)
- The executor must locate and inventory all assets belonging to the estate, including real estate, bank accounts, investments, and personal property.
- Appraising certain assets, such as real estate or unique collections, can add time to this step.
4. Paying Debts and Taxes (6 to 12 Months)
- The executor must identify and settle outstanding debts, including medical bills, credit card balances, and any final taxes owed by the estate.
- Estates subject to federal or New York estate taxes may face additional delays due to the preparation and processing of tax returns.
5. Distribution of Assets (2 to 6 Months After Debts Are Paid)
- Once all debts and taxes are settled, the executor distributes the remaining assets to beneficiaries according to the will or intestacy laws.
- Disputes among beneficiaries or challenges to the will can delay this process further.
Factors That Can Prolong Probate
- Will Contests
- If beneficiaries or heirs dispute the validity of the will, the probate process can be delayed significantly while the court resolves the matter.
- Complex Estates
- Estates with numerous assets, businesses, or properties located in multiple states may take longer to settle.
- Debts and Claims Against the Estate
- Creditor claims can complicate the process, especially if there are disputes about the validity or amount of the debt.
- Tax Complications
- Estates with substantial value may need to file federal and state estate tax returns, which can extend the timeline due to audits or processing delays.
Ways to Streamline Probate
While probate is often unavoidable, there are ways to expedite the process:
- Ensure the Will Is Valid: Working with an attorney to draft a legally sound will can prevent contests.
- Keep Records Organized: Clear documentation of assets, debts, and beneficiaries can help the executor move efficiently.
- Use Non-Probate Assets: Assets held in trusts, jointly owned property, or accounts with designated beneficiaries pass outside of probate, reducing the estate’s complexity.
How Jack Weissman, Attorney at Law, Can Help
Probate can be a lengthy and overwhelming process, but you don’t have to navigate it alone. At Jack Weissman, Attorney at Law, we:
- Assist with filing probate petitions and court documentation.
- Advise executors on managing and distributing assets.
- Handle disputes to minimize delays and protect your family’s interests.
Contact Us Today
If you’re dealing with probate in Brooklyn, contact Jack Weissman, Attorney at Law for experienced guidance. We’ll help you navigate the process efficiently and ensure your loved one’s wishes are honored. Schedule a consultation today to get started.




