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.
This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page New York reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our New York probate pages.
New York probate fees
| Item | New York |
|---|---|
| Court filing fee | 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. |
| 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. |
| Fee basis | statutory |
| Appraisal / referee | Not used. The executor arranges valuations. |
Worked example
On a $500,000 New York estate, the executor commission is about $19,000 (5% of $100k + 4% of $200k + 3% of $200k). On a $1,000,000 estate it's about $34,000.
New York thresholds and deadlines
| Item | New York |
|---|---|
| Small-estate threshold | 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. |
| 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. |
| Statutory floor (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. |
| Simplified real-property transfer | 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. |
What passes outside New York probate
These transfers are not part of the estate the fees above are calculated on:
- Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
- Joint ownership with right of survivorship.
- 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.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: NY SCPA §2307; NY SCPA Article 13; NY SCPA §1802
- State authority: New York State Unified Court System (nycourts.gov)
- Executor fees: https://www.nysenate.gov/legislation/laws/SCP/2307
- Small-estate procedure: https://www.nysenate.gov/legislation/laws/SCP/A13
- Court filing fees: https://www.nysenate.gov/legislation/laws/SCP/2402
Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the New York court before relying on it.
The full New York guides
- How Much Does Probate Cost in New York? — the full cost breakdown.
- How Much Does an Executor Get Paid in New York? — the fee rule in detail.
- How Long Does Probate Take in New York? — the timeline and its statutory floor.
- Executor Deadlines in New York — inventory deadline, creditor-claim period and outer bar, each quoted from the statute.
- How to Avoid Probate in New York — the transfers that pass outside it.
- How Much Does a Will Cost in New York? — execution requirements and pricing.
Fee sheets for other states
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This sheet sets out New York probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the New York courts or a licensed New York attorney.