How much does probate cost in New York?
25 Jul 2026
New York fixes the executor’s commission by statute and publishes nothing at all for the attorney. The commission is 5% of the first $100,000, 4% of the next $200,000, 3% of the next $700,000, 2.5% of the next $4 million and 2% above $5 million — $19,000 on a $500,000 estate.
The attorney is paid what the Surrogate’s Court fixes as reasonable, not a percentage. New York’s court filing fee is the highest in the country at $1,250 for estates of $500,000 and over — but it is exact, statewide and carries no county variance. An ordinary New York probate has no newspaper cost at all.
SCPA §2307 — New York State Senate · Verified 25 Jul 2026
Informational only, not legal advice. Figures verified on the date stamped. Details: /disclaimer/
New York publishes no percentage. At any time during administration the Surrogate’s Court may fix and determine what the attorney is paid. If an attorney has already taken more than the fair value of the work, the court can order a refund.
SCPA §2110 · Verified 25 Jul 2026Computed separately for receiving and for paying out, at half the stated rate each; the two halves together make the schedule. Specific legacies and devises are not commissionable. A fiduciary who manages real property takes a further 5% of the gross rents.
SCPA §2307 · Verified 25 Jul 2026Work it out on your own number
The calculator applies §2307 to the value you enter and shows the working, with the statute cited underneath. It says plainly that the attorney side is not fixed by law.
Enter any estate value and the calculator works the New York schedule to the dollar, with the statute cited under the result and the verification date stamped on it. It opens on the calculator page, already set to New York and to a $500,000 estate.
What each part costs
Every row is one figure, one source, one date. Where New York fixes no price, the row says so instead of guessing.
| Fee | Amount or formula | Set by | Source | Verified |
|---|---|---|---|---|
| Attorney feeOrdinary services | No statutory scheduleNew York publishes no percentage. SCPA 2110(1) empowers the court to fix and determine the compensation of an attorney for services rendered to a fiduciary or to any interested person. The court must count work done by non-attorneys under an attorney’s supervision, and may order a refund where an attorney has already been paid more than the fair value of the services. | Fixed by the Surrogate’s Court | SCPA §2110 | 25 Jul 2026 |
| Executor feeReceiving and paying out | 5% · 4% · 3% · 2.5% · 2%5% of the first $100,000, 4% of the next $200,000, 3% of the next $700,000, 2.5% of the next $4,000,000 and 2% above $5,000,000 — $19,000 on a $500,000 estate. Computed separately for receiving and for paying out at half the rate each. A specific legacy or devise is not commissionable. Where the fiduciary collects and manages real property, a further 5% of the gross rents is allowed. | Statute — exact | SCPA §2307 | 25 Jul 2026 |
| Court filing feeOpening the case | $45 – $1,250A statewide statutory sliding scale on the gross estate stated in the petition: 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. If a later filing shows a higher value the extra fee falls due immediately; a lower value earns a refund. | Statewide statute — exact | SCPA §2402(7) | 25 Jul 2026 |
| Newspaper publicationService by publication | Usually nothing at allNew York does not require the routine creditor notice that most states do. Publication is a fallback the court orders under SCPA 307(3) only where personal delivery or mail cannot be effected or would be impracticable — and then in ONE newspaper only. The newspaper sets its own rate when it happens. | Ordered by the court, if at all | SCPA §307 | 25 Jul 2026 |
| BondFiduciary’s bond | A floor, not a ceilingNot less than the sum of the personal property receivable by the fiduciary, the estimated gross rents of real property for 18 months, and the probable recovery in any action the fiduciary brings. No bond at all is required where the assets to be administered do not exceed the $50,000 small-estate amount. The court may increase, decrease or dispense with it. | Statutory floor | SCPA §801, read with §805 | 25 Jul 2026 |
$1,250 is the highest court filing fee on this site, and it is also the cleanest figure on it. SCPA 2402(7) is statewide, statutory, exact and carries no county variance — unusual among the fifty states. Where probate is contested, filing objections costs a further $150, a demand for jury trial $150 and a note of issue $45.
What changes YOUR number in New York
- The commission is split in half, twice
- SCPA 2307 computes the commission separately for receiving assets and for paying them out, at one half the stated rate for each. The two halves together equal the schedule, so the headline figure is right — but a fiduciary who receives and does not yet pay out has earned only half of it.
- Specific gifts do not count
- A specific legacy or devise — the named painting, the named house — is not commissionable under §2307(2). Only property that passes through the fiduciary’s hands as money, or is treated as money, counts toward the schedule.
- Renting out estate property adds a separate commission
- §2307(6) allows a further 5% of the gross rents collected where the fiduciary is entitled or required to collect and manage real property. On a rented building this is a large, entirely separate entitlement, and it is a single additional commission no matter how many fiduciaries there are.
- More than one executor can mean more than one full commission
- §2307(5): where the gross value of principal accounted for is $300,000 or more, each fiduciary takes a full commission, up to three of them. Between $100,000 and $300,000, two may each take a full commission.
- Where the will fixes the pay, the will wins
- A fiduciary whose compensation is set by the will takes only that, unless he renounces it in writing within four months of letters being issued.
- An ordinary New York probate carries no publication cost
- This is a real structural difference from every other state on this site. There is no routine creditor-notice publication in New York. Publication happens only where the court orders it to reach someone who cannot be served, and then in one newspaper.
Estates of $50,000 or less in personal property can use voluntary administration
New York’s shortcut is limited to personal property, and real property cannot pass through it.
- Limit $50,000 gross value of personal property.
- The property required to be set off for the surviving spouse or children under EPTL 5-3.1(a) does not count toward the limit, which raises the effective ceiling.
- Available for both domiciliaries and non-domiciliaries.
- The voluntary administrator settles the estate without the formality of court administration.
- Article 13 does not apply to any interest in New York real property. Real property cannot pass this way and does not count toward the $50,000.
SCPA §1301 — New York State Senate · Verified 25 Jul 2026
Three tools, in the order most people need them
New York probate cost questions
How much does a probate attorney cost in New York?
New York publishes no fee schedule for the estate’s attorney. SCPA 2110 lets the Surrogate’s Court fix and determine what the attorney is paid, at any time during administration. Where an attorney has already been paid more than the fair value of the services, the court may order him to refund the excess.
How much does the executor get paid in New York?
5% of the first $100,000, 4% of the next $200,000, 3% of the next $700,000, 2.5% of the next $4 million and 2% above $5 million — $19,000 on a $500,000 estate. The commission is computed separately for receiving and for paying out, at half the rate each.
What does it cost to file for probate in New York?
A statewide statutory sliding scale from $45 to $1,250, set by SCPA 2402(7) on the gross estate stated in the petition. Estates of $500,000 and over pay $1,250. There is no county variance. If a later filing shows a higher value, the additional fee is payable immediately; a lower value earns a refund.
Do you have to publish a notice in the newspaper in New York probate?
Usually not. New York does not require the routine creditor notice most states do. SCPA 307(3) makes publication a fallback the court orders only where personal delivery or mail cannot be effected or would be impracticable, and then in one newspaper only. An ordinary New York probate has no publication cost at all.
Is a bond always required in New York probate?
No. No bond is required where the assets to be administered do not exceed the $50,000 small-estate amount, and the court may dispense with a bond on limited and restrictive letters, or dispense with sureties altogether. Where a bond is required, SCPA 801(1)(a) sets a floor: the personal property, plus 18 months of estimated gross rents, plus the probable recovery in any action the fiduciary brings.
Sources & verification
Every figure on this page was checked against the official source on the date shown. Statutory figures are re-checked annually.
- Attorney fee — SCPA §2110Verified 25 Jul 2026 · annual statutory re-check
- Executor fee — SCPA §2307Verified 25 Jul 2026 · annual statutory re-check
- Court filing fee — SCPA §2402(7)Verified 25 Jul 2026 · annual statutory re-check
- Small-estate limit — SCPA §1301Verified 25 Jul 2026 · annual statutory re-check
- Publication — SCPA §307Verified 25 Jul 2026 · annual statutory re-check
- Bond — SCPA §801Verified 25 Jul 2026 · annual statutory re-check
Researched and verified by John Terra · Methodology
This page is information, not legal advice. Reading it does not create an attorney-client relationship. Laws and fee schedules change; every figure here was verified on the date stamped beside it. For advice about your own situation, consult an attorney licensed in New York. Full terms: /disclaimer/
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