Where the estate is opened.
Only if the statute's conditions are met. Read the section below.
See the tax section for the exemption or the repeal.
Living trust or probate
A revocable living trust holds assets you title in the trustee's name. You can serve as trustee while you are able.
At death, the successor trustee handles those assets. Property you leave in your own name can still go through the probate court. A pour-over will sends leftover assets into the trust, and those leftover assets may pass through probate first.
The probate path
In New York, the estate is opened in the Surrogate's Court.
The New York courts state that a voluntary administration, also called a small estate, is filed in Surrogate's Court when personal property is within the small-estate dollar limit, whether or not there is a will. The Surrogate's Court appoints a voluntary administrator and issues a certificate for each asset listed. If the decedent owned real property in that person's name alone, the court pages say a small estate may not be used and a probate or administration proceeding is filed instead. SCPA 2307 governs commissions on the settlement of an account of a fiduciary other than a trustee.
Source: Small Estate / Voluntary Administration, NY CourtHelp
Fees
In New York, probate compensation is a statutory commission.
SCPA 2307 requires the court, on settlement of the account of a fiduciary other than a trustee, to allow reasonable and necessary expenses actually paid, and if the fiduciary is a New York attorney who rendered legal services, just and reasonable compensation for those legal services. In addition the court must allow fiduciary commissions for receiving and paying out sums of money: 5% on sums not exceeding $100,000, 4% on additional sums not exceeding $200,000, 3% on additional sums not exceeding $700,000, 2 1/2% on additional sums not exceeding $4,000,000, and 2% on all sums above $5,000,000. The commission is computed separately for receiving and for paying out, at one-half the statutory rates for each. A voluntary administrator under SCPA 1307 serves without compensation.
Source: SCPA 2307
Small estate
New York's small-estate figure on this page is $50,000 when the statute's conditions are met.
The New York City Surrogate's Court FAQ states that voluntary administration is available when personal assets in the decedent's name alone do not exceed $50,000, exclusive of certain types of property, for persons who died on or after January 1, 2009, or $20,000 for persons who died before then, and that it may not be used to administer real property. CourtHelp states the test as less than $50,000 of personal property. The 7th Judicial District Surrogate's Court page says the value of the assets does not exceed $50,000, exclusive of property set off under EPTL 5-3.1, and that the proceeding is for personal property only.
Source: New York City Surrogate's Court FAQ
Estate or inheritance tax
New York levies an estate tax.
The Department of Taxation and Finance states that the basic exclusion amount for dates of death on or after January 1, 2026, through December 31, 2026 is $7,350,000. A resident estate must file if the federal gross estate plus includible gifts exceeds that amount. The page says the tax is calculated using the table on Form ET-706.
Source: Estate tax, New York State Department of Taxation and Finance
Questions
The answers use the same statute and court pages as the sections above.
Does a living trust avoid probate in New York?
A revocable living trust holds the assets you title in the trustee's name. The successor trustee handles those assets. Property still titled in your own name can be a probate matter. A pour-over will can send leftover assets into the trust, and those leftover assets may still pass through probate first.
What is the small-estate procedure in New York?
The New York City Surrogate's Court FAQ states that voluntary administration is available when personal assets in the decedent's name alone do not exceed $50,000, exclusive of certain types of property, for persons who died on or after January 1, 2009, or $20,000 for persons who died before then, and that it may not be used to administer real property. CourtHelp states the test as less than $50,000 of personal property. The 7th Judicial District Surrogate's Court page says the value of the assets does not exceed $50,000, exclusive of property set off under EPTL 5-3.1, and that the proceeding is for personal property only.
How are probate fees set in New York?
SCPA 2307 requires the court, on settlement of the account of a fiduciary other than a trustee, to allow reasonable and necessary expenses actually paid, and if the fiduciary is a New York attorney who rendered legal services, just and reasonable compensation for those legal services. In addition the court must allow fiduciary commissions for receiving and paying out sums of money: 5% on sums not exceeding $100,000, 4% on additional sums not exceeding $200,000, 3% on additional sums not exceeding $700,000, 2 1/2% on additional sums not exceeding $4,000,000, and 2% on all sums above $5,000,000. The commission is computed separately for receiving and for paying out, at one-half the statutory rates for each. A voluntary administrator under SCPA 1307 serves without compensation.
Does New York tax an estate or an inheritance?
The Department of Taxation and Finance states that the basic exclusion amount for dates of death on or after January 1, 2026, through December 31, 2026 is $7,350,000. A resident estate must file if the federal gross estate plus includible gifts exceeds that amount. The page says the tax is calculated using the table on Form ET-706.
Sources
These are the statute and court pages used above.