What to Do When Someone Dies in New York

New York has a few genuinely distinctive features, particularly its dedicated probate court and its own separate state estate tax.

How do I get a death certificate in New York?

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.

What court handles probate in New York?

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.

Is there a simplified probate process in New York?

Yes - 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.

Does New York have its own estate tax?

Yes - 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.

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 a spouse, then adult children, then parents. A funeral home can confirm the specific hierarchy for a particular family’s situation.

Where can I 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.