Based on State Probate Statutes

New York Probate Costs

Statutory fees under N.Y. SCPA Section 2307

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New York Probate Overview

New York uses a statutory fee schedule for probate, meaning attorney and executor compensation is set by law rather than negotiated. The fee structure is defined under N.Y. SCPA Section 2307, and fees are calculated based on the gross value of the estate. This provides predictability -- you can calculate the exact cost before the process begins.

The statutory fee schedule starts at 5% for the first $100,000 of the estate, with rates decreasing for higher amounts. The court filing fee in New York is $1,250, as set by NY Surrogate Court filing fee schedule (varies by estate value; typical for estates $500K+). Additional costs include surety bond premiums and newspaper publication fees for required legal notices.

The probate process in New York typically takes 9 to 15 months from filing to final distribution. For smaller estates valued at $50,000 or less, New York offers a small estate affidavit that can bypass the full probate process (N.Y. SCPA Section 1301).

Key Facts: New York Probate

Fee Type
Statutory
Court Filing Fee
$1,250
Estimated Timeline
9-15 months
Small Estate Threshold
$50,000
Bond Rate
$5 per $1,000

Frequently Asked Questions About Probate in New York