States / New York

After a death in New York

Where to look for a will, who to ask and where to search for money in New York.

The will

Which court handles probate

We couldn't check this rule at an official source, so we won't guess. Ask the probate court clerk in the county where they lived.

What to do with the original will

We couldn't check this rule at an official source, so we won't guess. Ask the probate court clerk in the county where they lived.

Wills deposited during life

Yes. A living person can deposit a will for safekeeping with the Surrogate's Court of the county where they live, sealed in a wrapper, for a fee; the court gives a receipt. After death the court opens it and keeps it on file until probate.

"The court of any county upon being paid the fees allowed therefor by law shall receive and deposit in the court any will of a"

N.Y. Surr. Ct. Proc. Act § 2507. Read the source.

Opening a safe deposit box

Court order needed. Surrogate's Court may issue an ex parte order, on petition, letting a named person examine a decedent's box for a will, burial plot deed or insurance policy. A will goes to the court clerk. A joint lessee or deputy may examine and copy burial-related papers.

"When it appears to the court by petition that a person, firm or corporation has in its possession or under its control papers"

N.Y. Surr. Ct. Proc. Act § 2003. Read the source.

Unclaimed money

New York State Comptroller

"After a period of inactivity, lost money is legally considered abandoned property and turned over to the New York State Comptroller’s Office, where there’s no fee or time limit to claim it."

Search New York

Instructions for heirs and estates

Source, checked 2026-10-15.

Small estates

A small estate may be able to skip full probate. What counts differs, so check with the court before you rely on a limit.

Voluntary administration of a small estate

Limit $50,000.

SCPA §§1301, 1304. Read the rule.

Death certificates

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First copy $30.00, more copies in the same order $30.00 each. Spouse, parent, child or sibling of the deceased, or other applicants with a documented lawful right or claim, medical need, or New York State court order.

Order from the state. Online vendors add fees.

State will and court rules checked 2026-11-06. See how we check facts or report a mistake. This is general information, not legal advice.

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