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Commonly Asked Questions about Petition for Authority Forms

While the probate process in New York typically takes between 9-18 months, it can take longer or shorter depending on a variety of factors.
Filing the probate petition. The executor must file the original will and a certified copy of the death certificate with the probate petition and other supporting documents in the Surrogates Court of the county where the deceased person lived. There is a filing fee based on the size of the estate.
By signing a waiver of process consent to probate form, you are essentially letting the court know that you have no issues with the will and you are waiving/forfeiting your right to challenge the will and the appointment of the nominated executor.
Assuming that no one is contesting the will or challenging the appointment of the executor, and assuming all of the decedents next of kin (called distributees) can be found and will sign a waiver of process and consent to probate, you can expect to pay $3,000- $3,500 in legal fees to have the will admitted to probate.
Filing for Administration In New York there is a rule for who can file the Administration proceeding. In general, the person who is the closest distributee (family member) to the Decedent files for administration.
The Executor files the original Will and a certified death certificate, a document that has the date and location of a persons death, along with a form called a probate petition and other supporting documents in the Surrogates Court in the county where the person who died lived, and had their primary residence.
While the threshold for probate in NY is $50,000, in reality, the probate process is influenced by many things, and the estates total value is just one of them. Whether or not your estate actually goes through probate will also depend on the type of assets held within the estate and how they were owned.
Notice of a petition to perform any other act requiring a court order must be given to the ward, to the next of kin, if any, and to those persons who have filed requests for notices and copies of pleadings.