Probate or Administration?
Not sure which process applies to your situation? This guide helps you figure it out in minutes.
The first question is simple
Did the deceased leave a will?
Yes, there is a will
→ Probate
When someone dies with a will, the court needs to verify the will is valid and officially appoint the executor named in it. The executor then has legal authority to manage the estate.
Key forms:
- P-1Petition for Probate
- CTAProbate Citation
- P-14Witness Affidavit
The outcome:
The court issues Letters Testamentary, giving the executor legal authority to act on behalf of the estate.
Full Probate GuideNo, there is no will
→ Administration
When someone dies without a will, the court needs to appoint an administrator — usually the surviving spouse or closest relative. The administrator then has legal authority to settle the estate.
Key forms:
- ADMPetition for Administration
- A-2Affidavit of Heirship
- A-CITAdministration Citation
The outcome:
The court issues Letters of Administration, giving the administrator legal authority to act on behalf of the estate.
Full Administration GuideWhat If Your Situation Doesn't Fit Neatly?
Many cases have complications. Here are the most common situations we see.
The will is lost
If you believe a will existed but can't find the original, you can file form P-15 (Affidavit Proving Lost or Destroyed Will). The court will presume it was revoked — you'll need clear evidence of its contents.
View form P-15 →The estate is under $50,000
Estates with no real property valued at $50,000 or less can use voluntary administration (form SE-3A) — a much simpler and faster process than full probate or administration.
Small estates guide →The deceased lived outside NY
If the deceased lived in another state but owned property in New York, you'll need ancillary probate (with a will) or ancillary administration (without a will). This requires certified documents from both states.
View ancillary probate →The executor can't serve
If the executor named in the will died, resigned, or can't serve, you may need Successor Letters Testamentary (form SLT) or administration c.t.a. if no successor is named.
View form SLT →Frequently Asked Questions
What if there was a will but I can't find it?+
What if the estate is worth less than $50,000?+
What if the deceased lived outside New York?+
What if the executor named in the will can't serve?+
Does your situation not fit neatly into one of these categories?
If you're not sure which process applies to your case, our team can help you understand your situation and figure out the right next steps.
Inherited a House in Brooklyn?
Selling inherited property involves court filings, tax clearances, and title issues that most agents don't understand. Keystone Pinnacle specializes in exactly this.
Get a free consultation — we'll walk you through the process, the timeline, and what documents you need.
Not legal advice — estate property advisory and court filing guidance.