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
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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 (to make fiduciary of estate liable) | 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) |