How Much Does Probate Cost in New York?
Compare filing fees, attorney costs, and timelines across the most common probate options in New York.
Quick Summary
SCPA 2402 is statewide, but county Surrogate's Court local copies, certificates, payment methods, and filing instructions can vary.
Probate Cost by Procedure
| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Voluntary Administration | $50,000 or less in personal property | $1 | A few weeks to 2 months | No | Small personal-property estates |
| Probate | Will-based estate; no fixed threshold | Value-based under SCPA 2402 | 7-12+ months | No (recommended) | Estates with a will that need letters testamentary |
| Administration | No-will estate; no fixed threshold | Value-based under SCPA 2402 | 7-12+ months | No (recommended) | Intestate estates that need letters of administration |
Additional Costs to Expect
Filing Fees
New York CourtHelp lists the voluntary administration filing fee as $1. SCPA 2402 sets value-based Surrogate's Court fees for probate and administration petitions.
Fiduciary Commissions
SCPA 2307 sets commission tiers for fiduciaries other than trustees, subject to the statute and court accounting context.
Attorney Fees
New York does not use a California-style statutory attorney-fee schedule for ordinary probate representation. Costs depend on the fee agreement and case work.
Certified Copies and Certificates
Families may need certificates, certified copies, recording-related documents, or other county-specific papers after letters or certificates issue.
Bond, Appraisal, Publication, and Other Case Costs
Additional costs depend on the will, court instructions, asset mix, disputes, creditor issues, and whether bond, appraisals, notices, or publication are required.
Typical Total Cost Ranges
Source Notes
- Statute / Authority
- New York SCPA 2402 and 2307
- Fee Source
- SCPA 2402 Surrogate's Court fee schedule and New York CourtHelp voluntary administration guidance
- Last Verified
- May 2026
- Notes
- Voluntary administration is listed by CourtHelp as $1. Probate and administration filing fees are value-based under SCPA 2402.
Frequently Asked Questions
What is the cheapest New York estate court option?
Voluntary administration is usually the lowest-cost Surrogate's Court path if the estate qualifies. CourtHelp lists a $1 filing fee for a small estate or voluntary administration.
How are New York probate filing fees calculated?
SCPA 2402 sets value-based filing fees for probate and administration petitions. The fee depends on the estate or subject-matter value shown for the proceeding.
Are New York executor commissions statutory?
Yes. SCPA 2307 sets fiduciary commission tiers, including 5 percent of the first $100,000, 4 percent of the next $200,000, 3 percent of the next $700,000, 2.5 percent of the next $4 million, and 2 percent above $5 million.
Do I need an attorney for New York probate?
New York does not make every estate filing attorney-only, but probate or administration is often complicated enough that attorney help is recommended for real property, creditor issues, disputes, or complex family situations.
Does real estate fit New York voluntary administration?
Usually no. CourtHelp says real property owned by the decedent in the decedent's name alone means the estate is not a small estate anymore.
Estimate Your New York Probate Path
Use the national assessment for planning, then verify current filing fees with the New York county office handling the estate.