Probate Costs in New York

New York probate isn’t cheap, but it’s more predictable than most states because both the court fee and the executor’s commission are set by statute. The wildcard is attorney fees, which are negotiated case by case.

How Much Does Probate Cost in New York?

For a typical uncontested estate, expect total probate costs — court fees, executor commission, and attorney fees combined — to land somewhere between 3% and 7% of the estate’s value. Larger estates pay a smaller percentage because the commission scale drops as value rises; small, messy estates often pay a higher percentage because minimum attorney fees don’t shrink with the estate.

Here’s what that looks like using the statutory schedules, assuming a straightforward estate with one executor and no litigation:

Estate Value	Court Filing Fee (SCPA 2402)	Executor Commission (SCPA 2307)	Typical Attorney Fee*	Rough Total
$300,000	$625	$16,000	$9,000-$15,000	$25,600-$31,600
$500,000	$1,250	$19,000	$12,000-$20,000	$32,250-$40,250
$1,000,000	$1,250	$34,000	$20,000-$35,000	$55,250-$70,250

*Attorney fees have no statutory schedule and are billed hourly ($200-$600/hour, higher in New York City) or as a negotiated flat or percentage fee — commonly cited in the 4-7% range for simpler estates. Get a written fee agreement before hiring counsel.

New York’s Fee System

New York probate runs through Surrogate’s Court in the county where the decedent lived. Three cost components apply independently:

• Court filing fee — fixed by statute (SCPA 2402), paid once at filing.
• Executor commission — the fiduciary’s statutory pay for administering the estate (SCPA 2307).
• Attorney fees — negotiated, reviewed for “reasonableness” under SCPA 2110 if challenged.

Because the executor commission and attorney fee are both often calculated against estate value, families sometimes assume they’re the same charge. They aren’t — an executor and the estate’s attorney can both bill against the same estate, which is why total costs stack up.

Court and Filing Fees

The SCPA 2402 fee schedule is a sliding scale:

• Under $10,000: $45
• $10,000-$20,000: $75
• $20,000-$50,000: $215
• $50,000-$100,000: $280
• $100,000-$250,000: $420
• $250,000-$500,000: $625
• $500,000 and over: $1,250 (flat, regardless of how much larger the estate is)

This is a one-time cost. Separate small fees apply for extra certified copies of Letters Testamentary (often needed to access bank and brokerage accounts) and for filing objections, if any arise.

How Long Probate Takes in New York

Uncontested probate in New York generally takes 7 to 15 months from filing to final distribution, according to estate attorneys who regularly practice in Surrogate’s Court (Katzner Law Group; RK Law PC). The floor exists because creditors have 7 months from the issuance of Letters Testamentary to file claims, and an executor who distributes assets before that window closes risks personal liability for unpaid debts.

Filing to the issuance of Letters typically takes 4-8 weeks in most counties, longer (6-12 weeks) in busy NYC courts. Contested estates — will challenges, disputes among beneficiaries — can stretch to 2-5 years.

Small Estate Shortcuts

If the decedent left $50,000 or less in personal property (not counting real estate), the estate may qualify for voluntary administration under SCPA 1301 rather than full probate. This threshold rose from $30,000 to $50,000 in a 2019 statutory amendment.

Voluntary administration:

• Skips the formal accounting and much of the court oversight of full probate
• Costs a small fraction of standard probate fees — often just the initial filing fee and modest attorney assistance
• Cannot be used if the estate includes real estate, regardless of the property’s value

A surviving spouse and minor children may also claim statutory exempt property (certain household items, a vehicle up to a set value, and cash) that doesn’t count toward the $50,000 cap.

New York’s Estate Tax

New York is one of the minority of states that still levies its own estate tax, separate from the federal estate tax. For deaths in 2026, the basic exclusion amount is $7,350,000 per person.

The catch is New York’s “cliff.” If a taxable estate exceeds 105% of the exclusion — $7,717,500 in 2026 — the entire exemption disappears, and the whole estate is taxed from dollar one, not just the amount above the threshold (EJ Rosen Law; Greenbush Financial Group). An estate at $7,700,000 pays nothing; an estate at $7,720,000 can owe tax on the full $7,720,000. This makes threshold planning far more consequential in New York than in most estate-tax states. For how New York compares with other states, see our inheritance tax guide.

Note this is separate from New York’s lack of an inheritance tax — New York does not tax beneficiaries based on their relationship to the decedent, only the estate itself above the exclusion.

How to Reduce or Avoid Probate in New York

• Revocable living trusts move assets outside the probate estate entirely, avoiding both the SCPA 2402 filing fee and, for trust assets, the executor commission calculation.
• Beneficiary and TOD designations work for retirement accounts, life insurance, and — since New York adopted Real Property Law § 424 effective July 19, 2024 — real estate. New York now permits Transfer-on-Death deeds for real property, a significant change; the deed must be signed, witnessed by two people, notarized, and recorded before death. TOD registration has long been available for brokerage and investment accounts.
• Joint ownership with rights of survivorship passes property automatically but comes with lifetime control trade-offs worth discussing with an attorney.
• Organized records cut legal hours. A large share of attorney billing in probate goes toward locating accounts, verifying beneficiaries, and reconstructing an inventory of assets. Keeping documents, account numbers, and beneficiary details organized and accessible — the way Eternal Vault’s document organization is built to do — can measurably reduce the hours an attorney needs to bill.

For a broader breakdown of how New York’s costs compare with the rest of the country, see the complete probate guide.

This is general information, not legal advice. Probate costs and timelines vary by county and case; consult a New York estate attorney for guidance specific to your situation.