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The Probate Bond Experts
Licensed to issue executor, administrator, and guardian bonds for the Surrogate's Court in all 62 New York counties. Fast approval, competitive rates, and real probate expertise.
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When approved, bond issued within 24 hours or instant when qualified.
A probate court bond protecting heirs. Includes the executor bond (with a will), administrator bond (no will), and general personal representative bond.
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A court fiduciary bond protecting incapacitated adults. Includes the guardianship bond and financial conservator bond to prevent asset exploitation.
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A probate surety bond protecting kids' assets. Includes the guardianship bond for minors and guardian of the estate bond to preserve funds.
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A fiduciary surety bond protecting beneficiaries. Includes the trustee bond (or trust bond) to ensure legal, ethical trust management.
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Probate in New York is handled by the Surrogate's Court. Each of the state's 62 counties has its own Surrogate's Court, which admits wills, appoints executors and administrators, issues letters, and oversees estate administration. The five boroughs of New York City are five separate counties, each with its own Surrogate's Court.
New York is not a Uniform Probate Code state. It administers estates under the Surrogate's Court Procedure Act, known as the SCPA, together with the Estates, Powers and Trusts Law. The estate fiduciary is an executor when named in a will and an administrator when appointed without one. The bond rules sit in SCPA Article 8, Sections 801 through 808.
New York imposes its own estate tax with a basic exclusion amount of roughly $7 million, separate from the federal estate tax. New York is known for its estate tax cliff, because an estate that exceeds 105 percent of the exclusion loses the exclusion entirely and is taxed on its full value. New York has no inheritance tax.
When a New York bond is required, the amount is set under SCPA Section 801:
New York's bond rule depends on whether there is a will. Under SCPA Sections 801 and 805:
Filing a New York probate bond, when one is required, follows the SCPA and Surrogate's Court practice:
When a New York bond is required, the cost is a premium paid to the surety company. Many testate estates need no bond, since wills commonly dispense with it.
Beyond the standard executor and administrator bond, New York probate practice uses several additional bond types:
New York does not run a licensing board for private professional fiduciaries, but the SCPA places clear duties on every executor and administrator:
You can check pricing or apply online once you know the bond type ordered by the court. Applications must match the bond type and amount specified in your court order or legal documents.
APPLY NOWIt depends on whether there is a will. A will commonly dispenses with bond, so an executor often serves without one. An administrator of an intestate estate generally must file a bond before letters of administration issue, unless an exception applies.
Under SCPA 805, the court may dispense with a bond where the appointee is entitled to the whole estate, or where all persons interested in the estate file acknowledged consents. A will that directs no bond also lets an executor serve without one.
A will that names an executor commonly directs that no bond be required, which the court honors. An intestate estate has no such direction, so the administrator generally must post a bond to protect the distributees and creditors.
When a bond is required, most New York probate bonds cost about 0.5% to 1% of the bond amount per year for well-qualified applicants, so a $100,000 bond commonly runs $500 to $1,000 per year. Small bonds carry a minimum premium of about $100 to $150.
Under SCPA 801, the bond is fixed to cover the value of the personal property plus the probable rents and profits. Assets deposited so they cannot be withdrawn without a court order reduce the amount, and the bond runs to the people of the State.
Most New York probate bonds are issued within 24 hours of a completed application, and qualified applicants can often be approved the same day. We keep the process moving so you can obtain letters without delay.
Yes. Credit is one factor but not the only one. We work with multiple surety companies and can often find an approved program for applicants with credit challenges, sometimes with a co-signer or collateral.
The Surrogate's Court handles probate. Each of New York's 62 counties has its own Surrogate's Court, and the five boroughs of New York City are five separate counties, each with its own Surrogate's Court.
New York has its own estate tax with a basic exclusion of roughly $7 million. If an estate exceeds 105 percent of the exclusion, the exclusion is lost entirely and the full estate is taxed, which is why it is called a cliff. New York has no inheritance tax.
An administrator c.t.a., meaning administrator with the will annexed, is appointed to carry out a will when the named executor cannot or will not serve. This fiduciary generally must post a bond like an administrator.
When required, the bond runs to the people of the State for the benefit of the persons interested in the estate. It protects the distributees, beneficiaries, and creditors if the fiduciary mismanages estate assets.
When a bond is required, it stays in force until the estate is settled and the court discharges the fiduciary. For estates that stay open across more than one year, the premium is charged annually until that discharge.
Under SCPA 805(3), the Surrogate's Court often restrains an administrator from selling or receiving the proceeds of estate real property until a further bond covering those proceeds is filed, to protect the heirs against mishandling of the real estate.
No. A probate bond is a surety bond, not insurance for the fiduciary. It protects the distributees, beneficiaries, and creditors. If the surety pays a claim, the executor or administrator is legally obligated to repay the surety.
No. Under SCPA 801, no bond is required when the value of the assets to be administered does not exceed the small-estate amount set by SCPA 1301, which is handled through a simplified voluntary administration.
Often yes. A guardian of the property of an infant or an incapacitated person is generally required to post a bond tied to the value of the property under management, and serves under continuing court supervision.
When a bond is required, you file it with the Surrogate's Court in the county where the decedent was domiciled, the court approves it under SCPA 802, and letters issue once the bond is on file.
Yes. Where some but not all interested persons consent, their consent must release any claim under the bond, and the court may then fix the bond at an amount that protects the creditors and the non-consenting interested persons.
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FIND OUT MOREFind New York Probate Courts by County
Once you have your bond, or if you need court addresses, phone numbers, filing hours, and local forms, visit our New York probate court directory. We list every county court in New York with contact information and links to local forms.
New York Probate Court Directory