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What to Do When Someone Dies in New York — A Step-by-Step Guide

2026-03-18
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Losing a loved one is one of the most difficult experiences in life. In the midst of grief, there are practical matters that need attention. This guide walks you through the essential steps in the days and weeks following a death in New York.

Immediate Steps (First 48 Hours)

1. Obtain the Death Certificate The funeral home typically handles this process. You will need multiple certified copies — at least 10 is recommended. Each bank, insurance company, and government agency will require their own certified copy. In Brooklyn, certificates are issued by the NYC Office of Vital Records.

2. Locate Important Documents Search for the deceased's will, life insurance policies, bank statements, property deeds, and other financial documents. Check their home, safe deposit box, and contact their attorney if they had one.

3. Notify Key Parties Contact the deceased's employer, Social Security Administration (1-800-772-1213), health insurance provider, and any pension or retirement plan administrators.

Within the First Month

4. Determine If Probate Is Needed If the deceased left a will, you'll need to [probate it](/probate) in Surrogate's Court. If there was no will, you'll need to file for [Letters of Administration](/administration). If the estate is small (under $50,000 with no real property), a [simplified process](/small-estates) may be available.

5. Secure Property If the deceased owned a home, make sure it's secured, the mortgage continues to be paid, and insurance remains active. Notify the homeowner's insurance company of the death.

6. Manage Financial Accounts Do NOT close bank accounts until you have legal authority (Letters Testamentary or Letters of Administration). You can notify banks of the death, but they will freeze the accounts until they receive certified copies of your Letters.

Within 2-3 Months

7. File the Petition File the appropriate petition with the Kings County Surrogate's Court. Gather all required documents — death certificate, will (if any), list of assets, and information about heirs and beneficiaries.

8. Serve Notice All interested parties must be notified of the court proceeding, either through citation service or by signing a Waiver and Consent.

Ongoing

9. Administer the Estate Once you receive Letters from the court, you can collect assets, pay debts, file tax returns, and ultimately distribute assets to beneficiaries.

10. File Tax Returns The deceased's final personal income tax return is due April 15 of the following year. If the estate owes New York estate tax, the [ET-85](/estate-taxes) must be filed within 9 months of death.

Where to Get Help

The Kings County Surrogate's Court is located at 2 Johnson Street, Room 319, Brooklyn, NY 11201. The general phone number is (347) 604-1298. Browse our guides for detailed step-by-step instructions for each type of proceeding.

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