New York Probate Costs
New York probate cost guide covering voluntary administration fees, SCPA 2402 filing fees, fiduciary commissions, estate tax timing, and case-specific costs.
New York probate costs usually fall into four groups: court filing fees, fiduciary commissions, professional fees, and case-specific costs like certificates, copies, bond, appraisals, or tax work.
The lowest-cost court path is voluntary administration, but it only fits qualifying small personal-property estates. Larger estates use probate or administration, and those filing fees depend on value.
Cost Snapshot
| Cost | New York rule | Source |
|---|---|---|
| Voluntary administration filing fee | $1 | New York CourtHelp |
| Probate filing fee | Value-based schedule | SCPA 2402 |
| Administration filing fee | Value-based schedule | SCPA 2402 |
| Fiduciary commissions | Tiered percentage schedule | SCPA 2307 |
| New York estate tax filing | Depends on exclusion amount and estate facts | NY Tax Department |
Voluntary Administration Costs
CourtHelp lists the voluntary administration filing fee as $1. This path may apply when the estate has $50,000 or less in personal property.
That fee does not cover every possible cost. You may still pay for certified copies, certificates, mailing, recording, or legal help. Asset holders may ask for identity documents and court certificates before they release money.
Probate and Administration Filing Fees
SCPA 2402 sets the filing fee for probate and administration by value.
| Estate or subject value | Filing fee |
|---|---|
| Less than $10,000 | $45 |
| $10,000 but under $20,000 | $75 |
| $20,000 but under $50,000 | $215 |
| $50,000 but under $100,000 | $280 |
| $100,000 but under $250,000 | $420 |
| $250,000 but under $500,000 | $625 |
| $500,000 and over | $1,250 |
The filing fee is only the court filing fee. It does not include lawyer fees, fiduciary commissions, estate tax, bond, appraisal work, or all certificate and copy costs.
Fiduciary Commissions
SCPA 2307 sets commission tiers for fiduciaries other than trustees:
| Amount received and paid out | Commission rate |
|---|---|
| First $100,000 | 5% |
| Next $200,000 | 4% |
| Next $700,000 | 3% |
| Next $4,000,000 | 2.5% |
| Above $5,000,000 | 2% |
The statute also says commissions are computed separately for receiving and paying out sums, at one-half the statutory rates for receiving and one-half for paying out.
Commission issues can get more detailed when there are multiple fiduciaries, a corporate executor, real property rents, or a will with its own compensation language.
Attorney Fees
New York does not use the same fixed statutory attorney fee model that some states use. Probate attorney fees usually depend on the fee agreement, court work, asset work, family conflict, creditor claims, tax issues, and whether real property must be sold or transferred.
Ask any lawyer for the billing model in writing before work starts. Common models include hourly billing, flat fees for limited tasks, or a fee agreement tied to defined court work.
Estate Tax Costs
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. Nonresident estates may need to file when New York real or tangible property is involved and the value test is met.
If filing is required, the Tax Department says the estate generally must file and pay within nine months after death.
Other Costs to Plan For
- Certified copies of letters or court papers.
- Certificates for banks or asset holders.
- Recording fees for real property documents.
- Bond premiums if bond is required.
- Appraisals for real property, business interests, or unusual assets.
- Tax preparation for estate or final individual returns.
- Mailing, publication, or service costs.
- Storage, insurance, and property maintenance.
County practices can vary. Confirm copy, certificate, and payment rules with the Surrogate's Court handling the case.
Sample Cost Paths
Small Personal-Property Estate
If the estate qualifies for voluntary administration, the CourtHelp-listed filing fee is $1. The main added costs are usually certificates, copies, and asset-holder requirements.
Estate With a Will
If probate is needed for an estate with a will, SCPA 2402 sets the filing fee by estate value. The estate may also pay attorney fees, fiduciary commissions, certificates, tax preparation, and asset costs.
Estate With No Will
Administration for an estate with no will uses the same SCPA 2402 value-based fee schedule. Costs can rise if family relationships are unclear, distributees do not sign waivers, bond is required, or real property is involved.
FAQ
What is the cheapest New York estate court option?
Voluntary administration is usually the lowest court filing fee if the estate qualifies. CourtHelp lists the filing fee as $1.
How much is the New York probate filing fee?
SCPA 2402 sets a value-based schedule. The fee ranges from $45 for estates under $10,000 to $1,250 for estates of $500,000 and over.
Are New York executor commissions set by law?
Yes. SCPA 2307 sets fiduciary commission tiers for fiduciaries other than trustees.
Does New York have estate tax?
Yes. The New York State Tax Department lists a state estate tax and a 2026 exclusion amount of $7,350,000.
Are attorney fees fixed by statute?
Not for ordinary probate representation in the same way as some other states. Ask counsel for the fee agreement and what court work it covers.
Related Guides
- New York Probate Guide
- New York Probate Timeline
- New York Voluntary Administration
- New York Wills
- New York Intestate Succession
- New York Probate Forms
- New York Surrogate's Court Guide
Sources:
- "Small Estate," New York CourtHelp, Web page updated June 30, 2022, https://nycourts.gov/CourtHelp/WhenSomeoneDies/smallEstate.shtml
- "Probate," New York CourtHelp, Web page updated June 29, 2022, https://nycourts.gov/CourtHelp/WhenSomeoneDies/probate.shtml
- "Administration," New York CourtHelp, Web page updated June 29, 2022, https://nycourts.gov/CourtHelp/WhenSomeoneDies/administration.shtml
- "Surrogate's Court Procedure Act Section 2402," New York State Senate, revision from September 22, 2014, https://www.nysenate.gov/legislation/laws/SCP/2402
- "Surrogate's Court Procedure Act Section 2307," New York State Senate, revision from January 10, 2020, https://www.nysenate.gov/legislation/laws/SCP/2307
- "Estate tax," New York State Department of Taxation and Finance, 2026 update, https://www.tax.ny.gov/pit/estate/etidx.htm
This guide gives general information about New York probate costs. It is not legal advice.
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