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N.Y. Surr. Ct. Proc. Act § 1802 · checked 2026-10-20
How long probate takes in New York
The longest fixed wait in a New York probate is usually the creditor claim period: 7 months from the issue of letters under N.Y. Surr. Ct. Proc. Act § 1802. An estate cannot be closed safely before that window shuts.
- 1Claim period 7 months
- 2Counted from Notice / letters
- 3Outer limit None stated
- 4Statute N.Y. Surr. Ct. Proc. Act § 1802
The statute
“within 7 months from the date of issue of letters”
Source: N.Y. Surr. Ct. Proc. Act § 1802. Last checked 2026-10-20.
Worked example: a death on January 15, 2026
| Checkpoint | Date |
|---|---|
| Date of death | January 15, 2026 |
| Trigger: the issue of letters | March 1, 2026 |
| Creditor claim period ends (7 months, N.Y. Surr. Ct. Proc. Act § 1802) | October 1, 2026 |
New York starts the clock at the issue of letters, so the end date moves with the court. The example assumes that event comes 45 days after the death (March 1, 2026); a later filing pushes October 1, 2026 back day for day.
6 jurisdictions on this site give creditors longer and 31 give them less; the median is 122 days.
Steps that add time
- Getting appointed. Nothing runs until the issue of letters; the time between the death and the petition is outside the statutory period.
- Notice. Published notice and notice mailed to known creditors start or shorten the claim period; a creditor who should have been mailed notice may get extra time.
- Real estate. New York's small-estate route does not take real property, so an estate with a house in the state generally goes through administration or another court step.
- Accounting and closing. The final account, receipts from heirs and any tax filings come after the claim period ends.
Opening the estate costs money too: see probate court fees in New York (N.Y. Surr. Ct. Proc. Act § 2402).
Nearby Mid-Atlantic timelines
New Jersey: 9 months from death; Pennsylvania: 12 months.
Related: New York small estate limit · creditor claim periods compared · executor timeline.
General information from the statute as written on 2026-10-20; not legal advice. Dates are worked examples of the statutory periods, not deadlines for any real estate. The New York probate court and its clerk can confirm how the periods run in a given case.