Do You Need Probate in New York? (2026)

In New York, some assets require probate (court involvement) while others pass directly to beneficiaries. This guide explains which is which.

Assets That Avoid Probate

• Joint accounts
• Payable-on-death (POD) accounts
• Life insurance (unless estate is beneficiary)
• Retirement accounts with named beneficiaries
• Trust assets
• Jointly held property with right of survivorship

Assets That Require Probate

• Bank and investment accounts owned solely
• Real property owned solely
• Vehicles titled in decedent's name only
• Sole business interests
• Personal property with no beneficiary designation

New York's Streamlined Option

For estates under $50,000 with no real property, New York offers voluntary administration. No waiting period, and typically closes in 2 to 4 months.

Learn more in our New York voluntary administration guide.

Quick Test

1. List all assets
2. Remove those with named beneficiaries or joint owners
3. Add up the remainder
4. If under $50,000 and no real property, voluntary administration applies
5. If over $50,000 or includes real property, full probate is necessary

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Disclaimer: ExecutorBench provides self-help workflow software and document preparation support. It is not a law firm and does not provide legal advice. For specific questions about your New York estate, consult an attorney licensed in New York.