FigureMyTax

New York Probate Deadlines: What to File and When

Two clocks run in parallel in New York probate — a 6-month Inventory deadline and a 7-month creditor safe harbor — and neither works quite the way an out-of-state comparison would suggest.

SCPA Article 18; Uniform Rule 207.20

By the FigureMyTax Editorial Team · How we calculate

Quick answer: the date most fiduciaries track is the 7-month mark from Letters issuing under SCPA § 1802 — though it protects the fiduciary, not a claim-bar date. See the full New York probate timeline calculator for your specific estimate.

The core deadlines, in order

DeadlineNew York ruleStatute
Inventory dueWithin 6 months of LettersUniform Rule 207.20
Creditor safe-harbor period7 months from Letters issuingSCPA § 1802
Claim form requirementWritten, delivered personally or by certified mailSCPA § 1803
Executor response to a presented claim~90 days to accept or rejectSCPA § 1806
Suit after a rejected claimCreditor may bring a proceeding to determine validitySCPA § 1808, 1809
Estate tax return (if required)Form ET-706 within 9 months of deathNYS Tax Law

The 7-month period, precisely

SCPA § 1802: if a creditor's claim isn't presented within 7 months from the date Letters were first issued to a fiduciary, that fiduciary is not personally liable for assets or money already distributed in good faith. The claim itself isn't extinguished — a late-filed claim is still valid, but the creditor generally has to pursue it against the distributees rather than the fiduciary. The clock runs from first issuance of Letters (including to a preliminary executor or temporary administrator) and is not restarted by a later successor appointment.

Two independent clocks, not one

The 6-month Inventory deadline under Uniform Rule 207.20 and the 7-month creditor safe-harbor period under SCPA § 1802 both run from Letters issuing, but they're entirely separate requirements measuring different things — meeting one doesn't satisfy the other.

Facing probate in New York?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a New York attorney

New York probate deadlines — frequently asked questions

When does New York's 7-month period start counting?

From the date Letters Testamentary or Letters of Administration are first issued to a fiduciary — not from the date of death, and not restarted if a successor fiduciary is later appointed, under SCPA § 1802.

What form must a New York creditor claim take?

A written claim stating the facts it's based on and the amount owed, delivered to the fiduciary personally or by certified mail, under SCPA § 1803. The fiduciary can also request a verified affidavit confirming the amount is justly due.

How long does a New York executor have to respond to a claim?

Generally about 90 days to accept or reject a properly presented claim. If rejected, the creditor can bring a proceeding to determine its validity, or the fiduciary can petition the court to require the creditor show cause why the claim should proceed.

When is New York's estate tax return due?

Form ET-706 is generally due within 9 months of the date of death when the estate exceeds the exclusion amount — about $7,350,000 for 2026 deaths — which is separate from and independent of the SCPA § 1802 creditor timeline.

Keep going

New York Probate Timeline CalculatorYour estimate, based on your answers What Delays Probate in New YorkBeyond the statutory floor Probate vs Voluntary AdministrationWhich one applies to your estate New York Probate vs Living TrustWould a trust have avoided this?

Estimate for general guidance only, not legal advice. Based on SCPA § 1802, 1803, 1806, 1808, 1809; Uniform Rule 207.20. Confirm current deadlines with the Surrogate's Court or a licensed New York attorney.