One of the first questions New York City families ask after losing a loved one is also one of the most stressful: what will probate actually cost? Below we answer the worries we hear most often, with the specifics that apply in New York’s Surrogate’s Court.
What costs are actually involved?
Probate in New York is not a single bill. It is a collection of separate costs. The main ones are the Surrogate’s Court filing fee, executor (fiduciary) commissions, attorney’s fees, and various out-of-pocket expenses such as certified copy fees, publication costs, and appraisals. Whether you are filing in the Manhattan, Brooklyn, Queens, Bronx, or Staten Island Surrogate’s Court, the structure is the same because the fees are set by state statute, not by the borough.
How is the court filing fee calculated?
Under SCPA 2402, the Surrogate’s Court filing fee is set on a sliding scale tied to the size of the estate. Smaller estates pay a modest fee, while larger estates pay more, up to the statutory maximum. Because this is fixed by statute, it is the same in every NYC borough. We do not quote a figure here because the bracket depends on your estate’s value, and you should confirm the current schedule with the court or your attorney.
How much does the executor get paid?
This surprises many families: the executor is legally entitled to a commission. Under SCPA 2307, executor commissions are calculated as a percentage of the estate assets that pass through the executor’s hands, on a tiered scale that decreases as the estate grows. A family member serving as executor can choose to waive the commission, which is common when the executor is also a primary beneficiary and wants to avoid the income-tax consequences of taking a fee.
What about attorney’s fees?
New York does not set attorney’s fees by a fixed percentage. They must be reasonable, and the Surrogate’s Court can review them. Attorneys typically charge hourly, a flat fee, or sometimes a percentage by agreement. A straightforward, uncontested estate in NYC costs far less than one involving a will contest, hard-to-value real estate, or feuding heirs.
Does the size of the estate change everything?
Yes. A modest estate may qualify for the simpler small-estate (voluntary administration) process, which avoids much of the cost of full probate. At the other end, very large estates may owe New York estate tax. For 2026, the New York estate tax exclusion is $7,350,000, and a sharp “cliff” applies: estates exceeding 105% of the exclusion (above $7,717,500) lose the benefit of the exclusion entirely and are taxed on the full amount. That cliff makes planning especially important for NYC homeowners, whose real estate alone can approach those thresholds.
How can I keep probate costs down?
The biggest savings come before death, through planning. A funded revocable living trust under EPTL Article 7 keeps assets out of probate entirely (though it offers no estate-tax savings on its own). Proper beneficiary designations, joint ownership, and a clean, properly executed will under EPTL 3-2.1 all reduce friction. After death, the main lever is avoiding disputes, since litigation is by far the most expensive part of any NYC estate.
A note before you proceed
Probate costs in New York are governed by statute but vary widely with the facts of your estate. Before you assume the worst or sign any retainer, speak with a New York estate attorney who can review your specific situation and give you a realistic estimate.
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