New York’s probate process is carried out in surrogate courts, overseen by a probate judge.
When an individual dies, beneficiaries do not receive their inheritance until probate determines validity. As soon as probate starts begins, the surrogate court assumes the responsibility of overseeing the estate’s administration and distribution of the deceased’s estate.
Probate is initiated to dispute any assets in the deceased’s name, except for financial accounts, real estate assets, and brokerage accounts. Also eliminated from the probate process include assets put in a trust and those whose beneficiaries are known, for instance, things like insurance and retirement plans.
On average, distributing an estate in New York can last between 7 and 9 months.