Deadlines And Timelines In New York Probate

What Are The Deadlines And Timelines In New York Probate?

Important deadlines and timelines in New York probate include:

  • Elective share election: within 6 months from the date of issuance of letters
  • Objections to probate of an alleged will: on or before the return day of process BUT if examination is requested pursuant to 1404, THEN within 10 days after completion of such examinations
  • Presentation of claim: within 7 months from the issuance of letters
  • Filing of Inventory: within 9 months from issuance of letters
 

For a downloadable (pdf) of the New York probate deadlines and timelines guide, click New York Probate Deadlines and Timelines.

NEW YORK PROBATE DEADLINES & TIMELINES

TYPE OF FILING

DEADLINES

SOURCE

 

 

 

Death Certificate

Upon application for letters testamentary, letters of administration or voluntary administration

Uniform Rule 207.15(b)

Inventory

Within 9 months from issuance of letters

Uniform Rule 207.20(b)

Proof of kinship in accounting proceeding (in kinship matter)

Within 1 year from the date fixed for hearing or date of referral

Uniform Rule 207.25(a)

Proof of kinship in administration or withdrawal proceedings (in kinship matter)

Within 6 months from the date fixed for hearing or date of referral

Uniform Rule 207.25(b)

Renunciation of beneficiary’s interest in disposition

Within 9 months after the effective date of the disposition

EPTL 2-1.11

Incorporation of unincorporated association to receive disposition of property by will

Within 3 years after probate of the will

EPTL 3-1.3

Elective share election

Within 6 months from the date of issuance of letters

EPTL 5-1.1-A(d)

Action by personal representative for wrongful act causing death

Within 2 years after decedent’s death OR at least 1 year from termination of criminal action

EPTL 5-4.1

Annual report to Attorney General re. charitable residuary share

Within 6 months of end of each fiscal year

EPTL 8-1.4

Copy of letters and affidavit of foreign personal representative

Within 10 days after commencing action in New York in capacity as personal or other legal representative

EPTL 13-3.5

Application for order directing compliance with request for disclosure of digital assets

No sooner than 60 days after compliant request if custodian has failed to comply

EPTL 13-A-4.2

Petitioner demand for jury trial

Within 6 days after the service upon him of an answer or objections

SCPA 502(2)(a)

Demand for jury trial by party to a transferred action

Within 10 days after service upon him of a copy of the order of transfer with notice of entry thereof

SCPA 502(2)(b)

Motion to confirm or reject verdict of advisory jury

Within 15 days after the verdict

SCPA 502(6)

Filing of referee report

Within 30 days after matter has been finally submitted

SCPA 506(3)

Motion to confirm or reject report of referee

Within 60 days after service of notice of filing of report

SCPA 506(4)

Notice of motion to modify or overrule the report

Within 10 days from date of mailing the report of court appointed person taking testimony

SCPA 506(6)(a)

Petition by nominated fiduciary formerly in war service to be appointed executor

Within 6 months from the date the nominated fiduciary ceases to be engaged in war service

SCPA 718

Action on fiduciary’s bond or against surety

After 10 days from date of entry of a judgment or decree against the fiduciary

SCPA 809

Petition for temporary administrator to account

No sooner than 7 months from issuance of letters of temporary administration

SCPA 908

Payment of certain debts without administration

Upon death/not less than 30 days after/not less than 6 months after death of creditor, lawful for debtor to pay up to certain amounts to certain persons

SCPA 1310

Objections to probate of an alleged will

On or before return day of process BUT if examination is requested pursuant to 1404, THEN within 10 days after completion of such examinations

SCPA 1410

Submission for issuance of a citation by proponent of will upon filing of objections

Within 30 days after the filing of objections

SCPA 1411/ Uniform Rule 207.26

Transmission by ancillary fiduciary to domiciliary probate or beneficiaries

No sooner than 7 months from issuance of ancillary letters in New York, and upon proof that no will contest is pending in domicile AND either time for contest has expired or 1 year has expired since will was admitted to ancillary probate

SCPA 1603

Presentation of Claim

Within 7 months from the date of issue of letters

SCPA 1802

Allowance of claim by personal representative

Within 90 days from the date claim presented to personal representative

SCPA 1806

Claimant’s filing of objection to the account

Within 8 days from return of process of notice of rejection

SCPA 1808(4)

Personal representative’s service and filing of reply to objections

Within 5 days from service upon personal representative of a copy of the claimant’s objections

SCPA 1808(4)

Interested person’s filing of reply to objections setting forth any defense to claim

Within 8 days from the filing of objections by a claimant

SCPA 1808(4)

Answer to petition to determine validity and enforceability of claims

Within 8 days from return day of process of petition to determine validity and enforceability of claim

SCPA 1809(2)

Personal representative’s reply to answer to petition to determine validity and enforceability of claims

Within 5 days from the service upon the personal representative of a copy of the answer

SCPA 1809(2)

Claimant’s action at law or in equity on claim

Commenced within 60 days after claim rejected or deemed rejected pursuant to 1806

SCPA 1810

Proceeding under Article 19 to satisfy a debt of decedent

Within 18 months from date when letters were issued to original fiduciary (must have been granted within 2 years after date of death of decedent)

SCPA 1903(2)

Proceeding under Article 19 to satisfy a legacy charged on the real property

Within 10 years from the date of death of decedent

SCPA 1903(3)

Decree of distribution of property or payment of proceeds

Cannot be made in proceeding commenced within 3 months from the grant of letters until time for presentation of claims has expired or 7 months have expired since letters issued to original fiduciary and all interested persons and creditors have appeared

SCPA 1911

Action to set aside any disposition of real property of a decedent pursuant to Article 19 order for lack of jurisdiction or procedural defect

Within 10 years after date of order or within 1 year after effective date of article, whichever is later

SCPA 1922

Serve and file answer to fiduciary’s petition for the continuation of a business

Within 8 days after the return of process or such further time as the court directs

SCPA 2108

Renunciation of executor’s compensation

4 months from letters

SCPA 2307(5)(b)