New York Probate Costs, Fees & Small Estate Rules
Researched by the LawLintel Data Team · Sources verified 2026-08-24
- Probate filing fee
- $45–$1,250scales with estate size (SCPA § 2402)
- Small-estate threshold
- $50,000 personal propertyvoluntary administration — $1 filing fee
- Executor compensation
- Statutory commissions5%/4%/3%/2.5%/2% sliding scale (SCPA § 2307)
- Where filed
- Surrogate's Court
New York is the only state in this guide where the court fee itself scales with the estate: Surrogate's Court filing fees run from $45 for estates under $10,000 up to $1,250 for estates of $500,000 or more, under SCPA § 2402.
The counterweight is New York's small-estate program: estates with $50,000 or less of personal property qualify for voluntary administration in Surrogate's Court for a $1 filing fee, regardless of the will. Real property doesn't count toward the limit but can't pass through the program. Executors of full estates earn statutory commissions on a 5%-to-2% sliding scale.
Costs & fees
| Item | Amount | Type |
|---|---|---|
| Filing fee — estate under $10,000 | $45 | Official fee |
| Filing fee — $50,000 to <$100,000 | $280 | Official fee |
| Filing fee — $250,000 to <$500,000 | $625 | Official fee |
| Filing fee — $500,000 or more | $1,250 | Official fee |
| Voluntary administration (small estate) | $1 | Official fee |
| Attorney — routine probate | $3,000–$10,000+ | Estimate |
Fee tiers per SCPA § 2402; the full statutory table has seven brackets. Attorney figures are market estimates.
Requirements
| Requirement | Rule |
|---|---|
| Voluntary administration | ≤ $50,000 personal property (SCPA Art. 13); real property excluded |
| Probate (with will) | Will filed with death certificate; interested parties cited |
| Administration (no will) | Closest distributee petitions for letters of administration |
| Executor commissions | 5% first $100k, 4% next $200k, 3% next $700k, 2.5% next $4M, 2% above (SCPA § 2307) |
The process, step by step
- Check the small-estate route. ≤$50,000 personal property → file the voluntary administration affidavit (DIY program available) for $1.
- File the probate petition. In the Surrogate's Court of the decedent's county, with the original will and certified death certificate; pay the size-based fee.
- Citation and letters. Interested parties are cited; the court admits the will and issues letters testamentary.
- Administer. Collect assets, pay debts (7-month creditor period), file estate tax returns if required.
- Close. Informal settlement by receipts-and-releases, or a formal judicial accounting for contested estates.
Forms & where to file
Surrogate's Court of the county where the decedent lived.
- NY CourtHelp — When Someone Dies (probate & small estate)
- Small Estate DIY (voluntary administration)
Frequently asked questions
How much does probate cost in New York?
The Surrogate's Court fee scales with the estate: $45 under $10,000, $280 for estates of $50,000–$100,000, $625 for $250,000–$500,000, and $1,250 at $500,000 or more (SCPA § 2402).
What is voluntary administration?
New York's small-estate program: when personal property totals $50,000 or less, a distributee files a simple affidavit in Surrogate's Court — the filing fee is $1 — and receives certificates to collect the assets. Real property can't pass this way.
What do New York executors get paid?
Statutory commissions under SCPA § 2307: 5% of the first $100,000 received and paid out, sliding down to 2% above $5 million.
How long does NY probate take?
Uncontested probates commonly take 3–9 months to letters and a year or more to full settlement; the 7-month creditor period sets a practical floor for closing.
Related information
Sources & verification
- SCPA § 2402 — Surrogate's Court fee schedule
- SCPA § 1301 (voluntary administration, $50,000)
- SCPA § 2307 — executor commissions
Official fees and statutory rules above are traceable to the listed authorities; figures marked as estimates are LawLintel editorial estimates, not government fees. Laws and fees change — last verified 2026-08-24. See our methodology and legal disclaimer.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.