What to Do When Someone Dies in New York
Reviewed by Everendium Editorial Team · Last reviewed August 18, 2026
Quick answer
In New York, probate is handled through Surrogate's Court, and a simplified 'voluntary administration' process exists for smaller qualifying estates. New York also has its own separate state estate tax, distinct from any federal estate tax, with rules that can matter for larger estates - worth discussing with an estate attorney if applicable.
New York has a few genuinely distinctive features, particularly its dedicated probate court and its own separate state estate tax.
Death certificates
Certified death certificates in New York are issued through the New York State Department of Health Vital Records office — or, for deaths within New York City specifically, through the NYC Department of Health. In practice, the funeral home typically handles ordering these on your behalf.
Surrogate’s Court
New York handles probate through a dedicated court called Surrogate’s Court, distinct from the general civil court system. This court specifically handles probate, estate administration, guardianship, and related matters.
Voluntary administration for smaller estates
New York offers voluntary administration — a simplified process for smaller qualifying estates, generally faster and less involved than full estate administration through Surrogate’s Court. An attorney can confirm whether a specific estate qualifies, since the value threshold is periodically adjusted.
New York’s separate state estate tax
This is one of the most genuinely important distinctions for larger estates: New York has its own state estate tax, entirely separate from any federal estate tax. Notably, New York’s estate tax includes what’s sometimes called a “cliff” — if an estate’s value exceeds the exemption threshold by more than a certain margin, the entire estate can become subject to tax, not just the amount above the threshold. This is a distinctly New York feature that can significantly affect estate planning for larger estates, and is genuinely worth discussing with an estate attorney if it might apply to your situation.
Authorizing cremation
New York law specifies a hierarchy of who can authorize cremation absent the deceased’s own written authorization — generally a spouse, then adult children, then parents. A funeral home can confirm the specific hierarchy for a particular family’s situation.
Where to get help
- New York State (or NYC) Department of Health for death certificate questions
- Surrogate’s Court in the relevant county for probate process questions
- New York State Bar Association for attorney referrals, including estate and probate specialists
New York law can change, and specific thresholds are adjusted periodically. This is general educational information, not legal advice — please consult a New York-licensed attorney for guidance specific to your situation, especially regarding the state estate tax.
Frequently asked questions
How do I get a death certificate in New York?+
The funeral home typically orders certified copies through the New York State Department of Health (or, for New York City deaths, the NYC Department of Health) Vital Records office on your behalf.
What court handles probate in New York?+
New York's Surrogate's Court, a specific court dedicated to probate, estate administration, and related matters, distinct from other civil courts.
Is there a simplified probate process in New York?+
Yes — New York offers 'voluntary administration' for smaller qualifying estates, a simplified process handled through Surrogate's Court that's generally faster and less involved than full estate administration. An attorney can confirm whether a specific estate qualifies, since value thresholds are periodically adjusted.
Does New York have its own estate tax?+
Yes — New York has a separate state estate tax, distinct from any federal estate tax, with its own exemption amount and rules. New York's estate tax has a notable feature sometimes called a "cliff," where exceeding the exemption threshold by a certain margin can result in the entire estate being taxed rather than just the amount above the threshold — this is a genuinely distinctive and important feature to discuss with an estate attorney for larger estates.
Who can authorize cremation in New York?+
New York law specifies a hierarchy of who can authorize cremation absent the deceased's own written authorization, generally prioritizing a spouse, then adult children, then parents — a funeral home can confirm the specific hierarchy for a particular family.
Sources
Related glossary terms
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