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

Voluntary Admin: $1$50K personal property
Probate/Admin: Value-basedSCPA 2402
Fiduciary commission tiers: 5%-2%SCPA 2307

SCPA 2402 is statewide, but county Surrogate's Court local copies, certificates, payment methods, and filing instructions can vary.

Typical Total Cost Ranges

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$25,000 voluntary administration

$1 filing fee plus certificate and copy costs

$100,000 probate or administration

SCPA 2402 court fee plus attorney, bond, and certificate costs if applicable

$500,000 estate

SCPA 2402 court fee plus case-specific professional costs

Complex or contested estates

Varies by counsel, court activity, asset work, and disputes

Probate Cost by Procedure

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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: $45 for less than $10,000; $75 for $10,000 but under $20,000; $215 for $20,000 but under $50,000; $280 for $50,000 but under $100,000; $420 for $100,000 but under $250,000; $625 for $250,000 but under $500,000; and $1,250 for $500,000 and over.

$1 for voluntary administration; $45 to $1,250 under SCPA 2402

Fiduciary Commissions

SCPA 2307 sets commission tiers for fiduciaries other than trustees, subject to the statute and court accounting context. Commissions are computed separately for receiving and paying out sums, at one-half the statutory rates for receiving and one-half for paying out.

5% first $100K, 4% next $200K, 3% next $700K, 2.5% next $4M, 2% above $5M

New York Estate Tax

New York has a state estate tax. For dates of death from January 1, 2026 through December 31, 2026, the Tax Department lists the exclusion amount as $7,350,000. Resident estates must file a New York estate tax return if the federal gross estate plus includible gifts exceeds the exclusion amount. If filing is required, the estate generally must file and pay within nine months after death.

$7,350,000 exclusion for 2026 dates of death

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.

Varies by agreement and estate complexity

Certified Copies and Certificates

Families may need certificates, certified copies, recording-related documents, or other county-specific papers after letters or certificates issue.

Varies by county and document

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.

Case-specific

One more cost source to check: if the person who died received Medicaid long-term care benefits, the state may file a recovery claim against the estate. The New York Medicaid estate recovery guide explains when that applies.

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.