The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for New York with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
The short answer
New York is one of the states where the core probate fees are set by statute — fixed by law rather than negotiated. Here’s how those fees work, what else gets added on top, and the ways many families avoid full probate entirely.
Attorney fees
Not statutory. Attorney fees are negotiated and must be 'reasonable' under the court's review.
Executor / personal representative fees
Statutory under SCPA §2307: 5% of first $100,000; 4% of next $200,000; 3% of next $700,000; 2.5% of next $4M; 2% above $5M.
What the fee is based on
Multiple executors can sometimes claim full commissions individually, depending on estate size — this can substantially raise costs.
Court filing fees
SCPA 2402(7) sets the Surrogate's Court fee on a petition for probate or administration by the value of the estate: $45 under $10,000; $75 for $10,000 to under $20,000; $215 for $20,000 to under $50,000; $280 for $50,000 to under $100,000; $420 for $100,000 to under $250,000; $625 for $250,000 to under $500,000; and $1,250 at $500,000 and over.
Appraisal / probate referee
Not used. The executor arranges valuations.
How long probate takes in New York
We found no published source for how long probate takes in New York as of September 2026. No New York court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: New York sets no date on which a creditor's claim is extinguished. Under SCPA §1802, where a claim is not presented within seven months from the date of issue of letters, the fiduciary "shall not be chargeable for any assets or moneys that he may have paid in good faith in satisfaction of any lawful claims or of any legacies or distributions" made before the claim was presented. The seven months runs from the date letters were first issued to any fiduciary, including a temporary administrator or preliminary executor. It protects the fiduciary; it does not bar the claim.
Creditor claim period
New York sets no date on which a creditor's claim is extinguished. Under SCPA §1802, where a claim is not presented within seven months from the date of issue of letters, the fiduciary "shall not be chargeable for any assets or moneys that he may have paid in good faith in satisfaction of any lawful claims or of any legacies or distributions" made before the claim was presented. The seven months runs from the date letters were first issued to any fiduciary, including a temporary administrator or preliminary executor. It protects the fiduciary; it does not bar the claim. In practice, this window is often the real floor on how quickly an estate can close, because the personal representative usually waits it out before making final distributions.
How to skip full probate (or shrink the bill)
- Small-estate procedure. SCPA §1301(1) defines a small estate as one where the decedent left personal property "having a gross value of $50,000 or less exclusive of property required to be set off under EPTL 5-3.1(a)" — so the exempt property set off for a surviving spouse or children is excluded before the $50,000 is measured. SCPA §1301(2) defines the voluntary administrator who settles such an estate without formal court administration.
- Real-property shortcut. Real property is not included in the $50,000 small-estate threshold; real property requires full probate or other proceedings.
- Transfer-on-death deed. New York does NOT have a statutory transfer-on-death deed for real estate. New York residents who want to pass real estate outside probate typically use a revocable living trust or joint ownership with right of survivorship.
- A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
- Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
- Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.
Whether representation is required in New York
New York does not require an estate to be represented by counsel in every proceeding; the court’s self-help materials set out where a personal representative may file without an attorney. Full probate carries formal filing requirements and statutory deadlines, and estates qualifying for a small-estate or summary procedure follow a shorter track with lower filing costs. Legal document preparers operate in some states at a flat fee, subject to state rules on unauthorised practice.
What the record shows
Probate cost in New York is the sum of separately-set components: statutory or court-approved attorney fees, executor commissions, court filing fees, and appraisal costs. Each is documented above with its citation.
Assets that pass outside probate — by beneficiary designation, joint ownership with survivorship, transfer-on-death instrument, or a funded living trust — are not part of the estate these fees are calculated on. New York’s small-estate threshold, above, determines which estates can use the simplified procedure.
Frequently asked questions about probate cost in New York
How much does probate cost in New York?
New York sets executor commissions by statute on a sliding scale — 5% of the first $100,000 down to 2% above $5 million — and attorney fees are typically negotiated separately. Attorney fees are not set by statute, and we found no published source for what probate costs in total in New York as of September 2026; the ranges that are published come from law firms and from sites paid to refer customers to them.
What is the small-estate limit in New York?
SCPA §1301(1) defines a small estate as one where the decedent left personal property "having a gross value of $50,000 or less exclusive of property required to be set off under EPTL 5-3.1(a)" — so the exempt property set off for a surviving spouse or children is excluded before the $50,000 is measured. SCPA §1301(2) defines the voluntary administrator who settles such an estate without formal court administration.
Who pays the probate costs in New York?
The estate does. Attorney fees, the executor’s commission, court filing fees, and any appraisal costs are all paid out of the estate’s assets before anything is distributed to the beneficiaries — so in practice the heirs bear the cost through a smaller inheritance rather than paying out of pocket.
Can you avoid probate costs in New York?
New York measures Surrogate's Court filing fees and executor commissions on the estate that passes through probate. A revocable living trust operates only on the assets retitled into it, and those assets are outside both the Surrogate's Court fee base and the commission base.
How long does probate take in New York?
We found no published source for how long probate takes in New York as of September 2026. No New York court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: New York sets no date on which a creditor's claim is extinguished. Under SCPA §1802, where a claim is not presented within seven months from the date of issue of letters, the fiduciary "shall not be chargeable for any assets or moneys that he may have paid in good faith in satisfaction of any lawful claims or of any legacies or distributions" made before the claim was presented. The seven months runs from the date letters were first issued to any fiduciary, including a temporary administrator or preliminary executor. It protects the fiduciary; it does not bar the claim. The deadlines that run alongside it: How Long Does Probate Take in New York?.
Related reading
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What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.
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How to Avoid Probate in New York — the state-specific avoidance playbook.
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Executor Deadlines in New York — the statutory dates the executor works to, quoted from N.Y. Surr. Ct. Proc. Act §§1802, 1810.
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How Long Does Probate Take in New York? — the companion timeline guide for New York.
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What Happens If You Die Without a Will in New York? — how New York splits an estate when there is no will.
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Will vs. Trust: How They Differ — the documented differences between the two instruments.
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Estate Planning Checklist: Everything in One Place — the documents and decisions that determine what passes through probate.
This page explains New York probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the New York courts or a licensed New York attorney. Sources: NY SCPA §2307, NY SCPA Article 13, NY SCPA §1802.