There is one question every client asks me at the end of our initial consultation: “How long will this take?”
In 2026, the honest legal answer for New York State is: “It depends.”
The probate process in New York—whether in the busy courts of Queens, Brooklyn, or Manhattan—is facing unprecedented volume. Post-pandemic backlogs, the transition to mandatory e-filing (NYSCEF), and stricter judicial oversight have stretched timelines. A standard estate that used to take 6 months can now easily drag on for 12 to 18 months.
But here is the secret that most lawyers won’t tell you: The biggest bottleneck is often not the court. It is the client.
I am Russel Morgan, and at Morgan Legal Group, we have handled over 1,000 estates. We have seen estates settle in record time, and we have seen them stall for years. The difference almost always comes down to the collaboration between the Executor and the Attorney.
Probate is a relay race. I cannot run the final lap (filing the petition) until you run the first lap (gathering the data). This cornerstone guide is your baton. If you want to speed up the probate process in 2026, here are the 7 critical steps you must take to help us help you.
Step 1: The “Treasure Hunt” (Locating the Original Will)
This is the single most common cause of delay. In New York, we must file the Original Last Will and Testament with the court. Not a photocopy. Not a PDF.
The “Staple” Warning
If you find the Will, DO NOT REMOVE THE STAPLES.
In the age of scanners, well-meaning clients often remove staples to scan the Will for their lawyer. This is a disaster.
In New York, if a Will has staple holes that do not align, the Surrogate’s Court presumes the Will was tampered with (unstapled to swap pages). This triggers a requirement for a “Staple Affidavit” and possibly a hearing, adding 2-3 months to the process. Treat the original Will like a historic artifact. Do not alter it.
Step 2: The Family Tree (Defining “Distributees”)
To probate a Will, the court requires us to notify not just the people named in the Will (Beneficiaries), but also the people who would have inherited if there were no Will (Distributees). This is to give them a chance to object.
The Information We Need Immediately
Do not wait for us to ask. Prepare a “Family Tree” chart that includes:
- Spouse and Children: Names, current addresses, and ages.
- If no Spouse/Children: We need parents, siblings, nieces, and nephews.
- The “Estranged” Relative: We need the address of the brother the decedent hadn’t spoken to in 20 years. If you don’t know where he is, tell us now. We will have to hire a genealogist or private investigator to demonstrate “Due Diligence” to the court. Doing this in Week 1 saves us from getting rejected in Month 6.
Step 3: The Asset Inventory (The “Date of Death” Values)
The probate petition requires us to estimate the value of the estate. The court charges a filing fee based on this number (e.g., $1,250 for estates over $500k). If we guess wrong, we have to file amendments later, causing delays.
What to Gather
You need to play detective. Look for:
- Bank Statements: Specifically the statement covering the Date of Death.
- Real Estate Deeds: To verify how the property was titled (Sole owner? Joint tenant?).
- Stock Certificates: Or brokerage statements.
- Safe Deposit Box Keys: If you find a key, tell us immediately. We may need a court order just to open the box to look for a Will.
Step 4: The Death Certificate (Order Multiples)
You cannot start probate without a Certified Death Certificate.
Pro Tip: When the funeral director asks how many you need, order at least 10 to 15 copies.
You will need one for the court, one for every bank, one for the life insurance company, one for the transfer of the house, etc. Waiting three weeks to order more copies later is an avoidable delay.
Step 5: Digital Assets (The 2026 Frontier)
In 2026, “assets” are not just physical. They are digital.
If the decedent owned cryptocurrency, had a PayPal account with a balance, or ran a business through Shopify, we need to know.
The Password Problem
If you do not have the passwords, we may need to petition the court for specific authority under EPTL Article 13-A to access these accounts. If you tell us about these assets after we file the initial petition, we have to go back to court to amend our powers. List all digital assets upfront.
Step 6: Transparency About Debts (The “Creditor” Check)
Probate is not just about distributing assets; it is about paying debts.
If the decedent owed money to the IRS, Medicaid, or had a reverse mortgage, we need to know immediately.
The “Urgency” of Foreclosure
If there is a foreclosure action pending on the decedent’s home, or if a tax sale is scheduled, tell your attorney in the first meeting.
We can file for “Preliminary Letters Testamentary.” This is an expedited status that allows us to act as Executor before the full probate is complete, giving us the power to show up in court and stop a foreclosure. If we don’t know the urgency, we process the file at normal speed.
Step 7: Signing Documents Quickly (The E-Sign Era)
In 2026, New York courts accept many documents via e-filing, but the initial “Petition for Probate” and “Oaths” often still require wet ink or notarized signatures depending on the specific county clerk’s rules.
The “Turnaround Time” Rule
When Morgan Legal Group sends you a document to sign:
- Read it immediately.
- Find a Notary Public (most banks have them).
- Return it via overnight mail (FedEx/UPS) or drop it off.
We often see clients sit on documents for 2-3 weeks. In the legal world, a 3-week delay in signing can lead to a 3-month delay in court, as your file loses its place in the clerk’s queue.
Why Collaboration Matters
At Morgan Legal Group, we pride ourselves on speed and efficiency. But we are co-pilots.
An Executor who is organized, responsive, and transparent allows us to leverage our expertise to cut through the red tape. An Executor who is disorganized or hides information forces us to fight with one hand tied behind our back.
The “Morgan Legal” Promise
If you give us the tools (the Will, the Family Tree, the Asset List), we promise to use every legal mechanism available—from Preliminary Letters to electronic filing—to get your family their inheritance as fast as the law allows.
Conclusion: Let’s Get to Work
Probate doesn’t have to be a nightmare. By following these 7 steps, you can shave months off the timeline.
Are you ready to start? Schedule a consultation with our team today. Bring your documents, bring your questions, and let’s put your probate on the fast track.
For a checklist of documents typically required by the court, review the New York State Court Probate Checklist.
