Skip to main content

Is there a deadline when a person can file in NY probate court?

New York, NY |

Is there a deadline when a person can file in NY probate court?

Attorney Answers 3


Unfortunately, you do not explain the circumstances of your particular matter. There are a variety of deadlines that do apply in most court settings; one can 'waive' their rights', depending on the nature of the surrogate court case or proceeding.

Mark as helpful


If you are referring to a petition to probate a will or to administer an estate, if a significant time has elapsed since the decedent's date of death, the clerk will ask you to submit an affidavit explaining the delay.

Good luck to you.

Mark as helpful


An executor or administrator may petition the Court at any time to probate a will or administer an estate; however, one should petition the Court as soon as possible in order to avoid:

- expiration of statutes of limitations;
- extra procedural hurdles;
- increased administration costs;
- another individual being appointed to the position; and
- the wasting or forfeiture of assets.

You should certainly act as soon as possible.

Mark as helpful

Wills and estates topics

Recommended articles about Wills and estates

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics