Probate cost · New York
Probate cost in New York
What every fee is, who sets it, and what a typical estate actually pays end to end.
Probate in New York costs about $30,380 to $45,780 for a $500,000 estate. The Surrogate Court charges $1,280 to open the case. Executor and attorney fees are the largest line items, set under SCPA § 1301. Publication, bond, and appraisal add $1,100-$6,500.
Fee breakdown
Every probate cost in New York, itemized. Amounts vary by county and by estate complexity.
| Court filing fee | $1,280 | Surrogate's Court fee for estates over $500k. Fee scales down for smaller estates (as low as $45). |
|---|---|---|
| Publication of notice | $100 - $500 | Newspaper notice to creditors, required in most counties. |
| Executor bond | $500 - $4,000 | Often waived by the will. When required, premium is ~0.5% of the estate value. |
| Appraisal | $500 - $2,000 | For real estate, business interests, or unique personal property. |
| Executor fee | $18,000 on $500k | SCPA §2307: 5% first $100k, 4% next $200k, 3% next $700k, 2.5% next $4M, 2% over $5M. |
| Attorney fee | $10,000 - $20,000 on $500k | Attorney fees are not fixed by statute. Uncontested estates typically run 2-4% of the probate estate. |
Total by estate size
Estimated total probate cost in New York across three common estate sizes. Uses statutory fees where New York has them, market ranges where it doesn't.
| $200,000 estate | $15,380 - $24,780 |
|---|---|
| $500,000 estate | $30,380 - $45,780 |
| $1,000,000 estate | $53,880 - $79,280 |
Ranges assume an uncontested estate with one parcel of real property. Contested estates, out-of-state assets, and businesses add cost.
How to reduce probate cost in New York
- If the estate is under $50,000, use a small estate affidavit instead of full probate.
- Convert accounts to payable-on-death and beneficiary designations before death. Those assets bypass probate entirely.
- Use a revocable living trust for real estate to avoid the Surrogate Court probate process.
- Ask the will to waive bond. That saves the $500-$4,000 premium.
- For clean, uncontested estates, use a cost calculator first so you know what to expect before hiring counsel.
Common questions
How much does probate cost in New York?
Total probate cost in New York for a $500,000 estate typically runs $30,380 to $45,780. A $200,000 estate costs about $15,380-$24,780, a $1M estate $53,880-$79,280. Court filing alone is $1,280.
Who pays probate fees in New York?
The estate pays every probate cost from estate assets before heirs receive anything. Executor and attorney fees, the Surrogate Court filing fee, publication, and bond premiums all come out of the estate under SCPA § 1301.
Can I reduce probate cost?
Yes. Using the small estate affidavit skips full probate when the estate is under the state threshold ($50,000 in New York). Beneficiary designations, joint accounts, and living trusts also keep assets out of probate entirely.
What is the executor fee in New York?
SCPA §2307: 5% first $100k, 4% next $200k, 3% next $700k, 2.5% next $4M, 2% over $5M.
How long does it take to pay these fees?
Filing and publication are paid at filing. Executor and attorney fees are approved by the Surrogate Court at the end, typically 11 months after opening the estate.
Where in New York
In New York, probate fees are paid at the Surrogate Court in the county where your relative lived at death. These three counties handle the largest caseload.
- County seat
Kings County
Surrogate Court - courthouse in Brooklyn
- County seat
Queens County
Surrogate Court - courthouse in Jamaica
- County seat
New York County
Surrogate Court - courthouse in Manhattan
Every New York county has its own Surrogate Court clerk. Filing fees and processing time vary by county.
Other tasks in New York
Related: Probate in New York · Cost calculator · Probate timeline