States / When a parent dies in New York

When a parent dies in New York

When a parent dies in New York, the paperwork runs in a rough order: certified death certificates from the state or, for deaths in New York City, the city, Social Security and the credit bureaus told, IRS Form 56 and an estate EIN when someone is acting for the estate, the original will filed with the Surrogate’s Court, and the accounts collected, often by voluntary administration when the personal property is $50,000 or less.

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Where do you get death certificates?

For deaths outside New York City, from the New York State Department of Health, which issues them to a spouse, parent, child or sibling, among others. For deaths in the five boroughs, from the New York City Health Department. Banks, Social Security, the credit bureaus and the Surrogate’s Court each ask for one.

How does Social Security find out?

Usually through the funeral home. The Social Security Administration says funeral homes generally report deaths, so families often don’t need to, and suggests giving the funeral director your parent’s Social Security number. If no funeral home reports it, SSA asks family to call 1-800-772-1213 with the name, Social Security number, date of birth and date of death.

Two things follow. A one-time $255 payment can go to a surviving spouse who lived with your parent, or in some cases lived apart, and otherwise to certain children; it must be applied for within two years of the death. And under SSA’s survivors guide, the benefit paid for the month of death and any later months must be returned: uncashed checks are sent back, and direct deposits are returned through the bank.

How do you tell the credit bureaus?

By mail or online, with a copy of the death certificate, sent to one bureau. Equifax, Experian and TransUnion each say that the bureau you contact notifies the other two. Only a spouse or a legally authorized person, such as an executor or administrator, can ask; Equifax asks anyone other than the spouse to include the court papers that authorize them. The bureaus call the result a deceased notice or deceased alert on the file.

What does the IRS need?

  • Form 56. The executor, administrator or person holding the estate’s property tells the IRS they’re acting for your parent with Form 56, generally when that role begins: one form in your parent’s name and one in the estate’s. Publication 559 says to file it as soon as the information, including the estate’s EIN, is available.
  • An EIN for the estate. Publication 559 calls this the first step for a personal representative. It’s applied for online at IRS.gov/EIN or with Form SS-4.
  • The final Form 1040. It covers your parent’s income up to the date of death and is generally due April 15 of the year after the death.
  • Form 1041, if needed. An estate files an income tax return for any year it has gross income of $600 or more, under the Form 1041 instructions.

What happens to the will?

The executor starts probate by filing the original will and a certified death certificate with the Surrogate’s Court in the county where your parent lived, as the New York courts explain. We didn’t find a fixed number of days in the statutes we checked; SCPA section 1401 lets the court order someone to produce a will.

How are the bank accounts collected?

When your parent left $50,000 or less of personal property, a close relative can serve as voluntary administrator by filing form SE-3A with the Surrogate’s Court clerk for $1, with no waiting period. The New York small estate page explains it. Larger estates go through probate or administration.

What other New York deadlines are there?

In a probate or administration case, SCPA section 1802 protects a fiduciary who pays debts and distributes in good faith once seven months have passed after letters are issued, if a claim wasn’t presented by then.

Is Kin Papers a law firm?

No. Kin Papers isn’t a law firm and doesn’t give legal advice. This page lists what New York’s statutes and the federal agencies’ own pages say, with links to each, in the order families usually meet them. It doesn’t say which steps apply to your parent’s estate. The probate court clerk can explain filings, and a lawyer can advise on your situation.

Sources

  1. New York State Department of Health, Death certificates. Death certificates outside New York City and who can order them. Checked October 19, 2026.
  2. New York City Department of Health and Mental Hygiene, Death certificates. Death certificates for deaths in New York City. Checked October 19, 2026.
  3. New York State Unified Court System, Probate: when a person dies with a will. Filing the original will and death certificate. Checked October 19, 2026.
  4. New York State Senate, SCPA section 1401, Compelling production of will. The court’s power to compel production of a will. Checked October 19, 2026.
  5. New York State Senate, SCPA section 1301, Settlement of small estates. Voluntary administration up to $50,000. Checked October 19, 2026.
  6. New York State Senate, SCPA section 1303, Who may act as voluntary administrator. Who can serve as voluntary administrator. Checked October 19, 2026.
  7. New York State Senate, SCPA section 1304, Procedure. Filing with the clerk and the $1 fee. Checked October 19, 2026.
  8. New York State Unified Court System, Form SE-3A, Affidavit in Relation to Settlement of Estate Under Article 13. The official form. Checked October 19, 2026.
  9. New York State Senate, SCPA section 1802, Effect of failure to present claim. The seven-month claim period. Checked October 19, 2026.
  10. Social Security Administration, What to do when someone dies. That funeral homes usually report the death, and the number to call. Checked October 19, 2026.
  11. Social Security Administration, Lump-sum death payment. The $255 payment, who can get it and the 2-year deadline. Checked October 19, 2026.
  12. Social Security Administration, Survivors Benefits, Publication 05-10008. Returning the benefit for the month of death. Checked October 19, 2026.
  13. Internal Revenue Service, Instructions for Form 56. Who files Form 56, when, and one form for the person and one for the estate. Checked October 19, 2026.
  14. Internal Revenue Service, Publication 559, Survivors, Executors, and Administrators. The estate EIN, filing Form 56 once the EIN is available, and the final Form 1040 due date. Checked October 19, 2026.
  15. Internal Revenue Service, Instructions for Form 1041. The $600 gross income threshold for an estate income tax return. Checked October 19, 2026.
  16. Equifax, Contacting the credit bureaus after a relative’s death. Who can request a deceased notice, how, and that one bureau notifies the others. Checked October 19, 2026.
  17. Experian, Reporting the death of a relative. Who can report a death and how. Checked October 19, 2026.
  18. TransUnion, Reporting a death to TransUnion. Reporting by mail and the five business days to note it. Checked October 19, 2026.

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Related pages

New York small estate affidavit

In New York, a small estate is settled through voluntary administration under SCPA Article 13 when a parent leaves $50,000 or less of personal property, not counting family exempt property. A close relative files form SE-3A, sworn before a notary, with the Surrogate’s Court clerk for a $1 fee, with no waiting period and no court order. The clerk issues a certificate the family shows to banks.