Petition for Probate

This page is for educational purposes only and is not legal advice. Forms and requirements change frequently — verify the current version with your local probate court or an attorney.

Last updated: June 27, 2026

Working through the Petition for Probate? SwiftProbate builds a personalized, step-by-step checklist for settling the estate — so you know which forms to file, in what order, and by when.

Get help with this form

About Petition for Probate

Initiates a probate proceeding in New York Surrogate's Court to establish the validity of a decedent's will and authorize estate administration.

When you'd use it: File this petition when seeking to probate a will in New York Surrogate's Court.

Where to get the official form

Petition for Probate is published through the New Yorkcourts' official forms page. Open it to find and download the current version directly from the court rather than a third-party copy:

Official court source

Open the official New York forms page →

Source: nycourts.gov

Link last checked: June 27, 2026

How to file Petition for Probate in New York

  1. Step 1 — Confirm you have the correct formUse Petition for Probate when file this petition when seeking to probate a will in New York Surrogate's Court. Double-check it's the right form for your situation — New York probate forms are revised periodically, so verify the name and number against your court's current form list before you start.
  2. Step 2 — Complete every required fieldFill out Petition for Probate carefully and review it for errors before filing. Probate cases can already take months — a small mistake on the form can set your timeline back further.
  3. Step 3 — Get it notarized or witnessed if requiredSome probate forms must be signed in front of a notary or witnesses. Check the instructions on the form itself, and arrange notarization before you file if it's required.
  4. Step 4 — File it with the correct courtSubmit Petition for Probate to the probate court or county clerk handling the estate — usually in the New York county where the deceased lived. Ask the clerk how they prefer to receive filings (in person, by mail, or e-filing).

Working through the Petition for Probate? SwiftProbate builds a personalized, step-by-step checklist for settling the estate — so you know which forms to file, in what order, and by when.

Get help with this form

Probate in New York

See the full New York probate guide for filing deadlines, small-estate options, timelines, costs, and county courthouse details.

Read the New York probate guide →

Frequently Asked Questions

What is Petition for Probate?
Initiates a probate proceeding in New York Surrogate's Court to establish the validity of a decedent's will and authorize estate administration. You'd typically use it when file this petition when seeking to probate a will in New York Surrogate's Court.
Where do I file Petition for Probate in New York?
Probate forms are filed with the probate court or county clerk in the New York county where the deceased person lived. Our New York probate guide can help you find the right courthouse, filing fees, and local requirements.
Do I need a lawyer to complete Petition for Probate?
Many people complete probate forms themselves, especially for smaller or uncontested estates. Complex estates may benefit from professional advice. SwiftProbate is an informational tool that helps you understand and organize the process — it is not a law firm and does not provide legal advice.
Is Petition for Probate available online?
Most New York probate forms are published as PDFs by the state courts or the county clerk. You can find the official source linked above.

Other New York Probate Forms

Family TreeFT-1Heirship / Pedigree AffidavitAffidavit in Relation to Settlement of Estate Under Article 13, SCPASE-3ACompulsory Accounting and Related Relief Checklist

Need help with New York probate?

  • Personalized to your assets, heirs, and jurisdiction
  • Deadlines calculated from your date of death
  • Track progress and store documents in one place
Get step-by-step help

Free — no credit card required

Informational guidance only — not legal advice

Find the other New York probate forms you'll need →

Disclaimer: This page is for informational purposes only and does not constitute legal advice. Probate forms and requirements vary by state, county, and individual circumstances, and change over time. Always verify the current form and instructions with your local probate court, and consult a qualified attorney for advice specific to your situation. SwiftProbate is not a law firm and does not provide legal representation.