Probate in New York typically costs between 2% and 7% of the estate’s value. Court filing fees are modest, capped at $1,250, but the real money goes to executor commissions set by statute, attorney fees, and a handful of administrative charges. A $1 million estate with no complications runs roughly $34,000 in executor commissions, $1,250 in filing fees, and several thousand more in legal, appraisal, and accounting charges before beneficiaries see a distribution.
Court Filing Fees
Surrogate’s Court charges a filing fee based on the gross value of the probate assets, on a sliding scale set by SCPA 2402 and applied the same way in every county:
- Under $10,000: $45
- $10,000 to $19,999: $75
- $20,000 to $49,999: $215
- $50,000 to $99,999: $280
- $100,000 to $249,999: $420
- $250,000 to $499,999: $625
- $500,000 and above: $1,250
The $1,250 cap makes the filing fee the smallest line item on a large estate. A $5 million estate pays the same $1,250 as a $500,000 one.1NY Courts. Variable Fee Schedule The court also charges $6 per page for certified copies of documents such as Letters Testamentary, and you’ll usually need several because banks and brokerages each want their own original.2NY Courts. Fees in the Surrogate’s Court – General Provisions
Executor Commissions
This is where the bill gets serious. Executor compensation isn’t negotiable in New York. SCPA 2307 fixes it as a percentage of the money the executor actually receives and pays out, with the rate stepping down as the estate gets larger:
- First $100,000: 5%
- Next $200,000: 4%
- Next $700,000: 3%
- Next $4,000,000: 2.5%
- Everything above $5,000,000: 2%
On a $500,000 estate that comes to $17,000. On a $1 million estate it works out to $5,000 plus $8,000 plus $21,000, for a total of $34,000. For most estates under $5 million, commissions are the single biggest cost of probate.3New York State Senate. New York Surrogate’s Court Procedure Act SCP 2307 – Commissions of Fiduciaries Other Than Trustees
Naming multiple executors multiplies the cost. Estates over $100,000 can pay up to two full commissions split among co-executors, and estates of $300,000 or more can support up to three full commissions when three or more executors serve. A $1 million estate with three executors could pay well over $100,000 in commissions alone. A family member serving as executor can waive part or all of the commission, but nobody is required to.3New York State Senate. New York Surrogate’s Court Procedure Act SCP 2307 – Commissions of Fiduciaries Other Than Trustees Legitimate out-of-pocket expenses like travel and postage get reimbursed on top of the commission.
Attorney Fees
New York doesn’t publish a fixed schedule for probate attorney fees. The Surrogate’s Court requires only that fees be “reasonable,” judged on the time spent, the difficulty of the issues, the attorney’s experience, and the outcome. In practice, attorneys bill one of three ways.
Hourly is the most common. Rates run roughly $300 to $600 per hour depending on experience and whether the practice is in New York City or upstate. A straightforward probate with no disputes usually takes 15 to 30 hours, putting the legal bill somewhere between $4,500 and $18,000. Estates with multiple properties, business interests, or out-of-state assets can run considerably higher.
Some attorneys charge a flat fee for uncomplicated estates, which gives families cost certainty upfront. Others charge a percentage of the estate, typically 3% to 5%. On a $1 million estate, 3% comes to $30,000, roughly the same as the executor’s commission. Percentage billing tracks the size of the estate rather than the actual work involved, which can produce a large fee on a simple but valuable estate. Whichever method applies, the attorney is paid from the estate before beneficiaries receive their shares.
Other Costs That Come Out of the Estate
Appraisals
The court needs fair market values for significant assets. A residential property appraisal typically costs $300 to $500. Commercial real estate, closely held business interests, and specialized collections such as art or jewelry can run several thousand dollars each. An estate with a mix of asset types can spend $5,000 to $10,000 on appraisals alone.
Surety Bond
Under SCPA 801, the court can require the executor to post a surety bond to protect the estate. Premiums usually run about 0.5% of the bond amount per year. On a $500,000 estate that’s roughly $2,500 a year for as long as probate stays open. A well-drafted will can waive the bond, and most do, but when a will is silent or the court has concerns about the executor, the bond becomes mandatory.4New York State Senate. New York Surrogate’s Court Procedure Act SCP 801 – Amount, Condition, Number of Sureties
Accounting and Tax Returns
Most estates need a CPA for the fiduciary income tax return (Form 1041) and, where applicable, a New York estate tax return. Basic fiduciary returns start around $1,000. Estates with rental income, business interests, or a required formal judicial accounting at the close of probate can push accounting fees considerably higher.
Carrying Costs on Real Estate
Probate in New York typically runs 9 to 18 months, sometimes longer. During that time, someone has to keep paying the mortgage, property taxes, insurance, utilities, and maintenance on any real estate the decedent owned. An estate that’s asset-rich but cash-poor may have to sell investments or borrow to cover carrying costs. These charges quietly eat into what beneficiaries eventually receive.
New York Estate Tax and the Cliff
Estate tax is a separate cost from probate itself, but it belongs in any honest accounting because it can dwarf every other number on this page. New York’s basic exclusion for 2026 is $7,350,000.5Tax.NY.gov. Estate Tax Estates below that owe nothing to New York. Above it, rates climb to 16%.
The trap is the cliff. If a taxable estate exceeds 105% of the exclusion (for 2026, $7,717,500), the exclusion vanishes entirely and the tax applies from the first dollar. An estate worth $7,350,000 owes no New York estate tax. An estate worth $7,750,000 can owe hundreds of thousands. A late-discovered asset can push a family over the line.
The federal estate tax exemption for 2026 is $15,000,000 per individual, with a top rate of 40% above that, and married couples who plan properly can shelter up to $30,000,000 through portability.6Internal Revenue Service. What’s New — Estate and Gift Tax The gap between the New York and federal thresholds catches people: an estate of $10 million owes New York estate tax but nothing to the IRS, which is a real bill for families who assumed the federal exemption covered them.
How to Pay Less
The Small Estate Shortcut
New York allows a simplified procedure called voluntary administration when the decedent’s personal property has a gross value of $50,000 or less, excluding amounts set aside for a surviving spouse and minor children under EPTL 5-3.1. Real property doesn’t count toward the $50,000 limit — only personal property like bank accounts, vehicles, and household goods.7New York State Senate. New York Surrogate’s Court Procedure Act SCP 1301 – Definitions The petition is simpler, the filing fee is lower, no Letters Testamentary are needed, and the process often wraps up in weeks. If the estate qualifies, this is the single most effective cost reduction available. Many New York estates, though, cross the $50,000 line as soon as you add a bank balance to a car.
Assets That Skip Probate Entirely
Probate costs only apply to assets that pass through probate. Several common asset types transfer without court involvement:
- Jointly held property with right of survivorship, which passes automatically to the surviving owner
- Life insurance and retirement accounts, which go to named beneficiaries regardless of what the will says
- Transfer-on-death brokerage and bank accounts
- Assets held in a living trust, distributed by the trustee outside the court process
Structuring ownership and beneficiary designations before death saves more than any tactic used afterward. A $2 million estate where $1.5 million passes through beneficiary designations and joint ownership only runs $500,000 through probate. Commissions, legal fees, and filing costs all drop proportionally.
What a Will Contest Adds
Everything above assumes a cooperative process. When someone challenges the will, the numbers change quickly. A straightforward contest with limited discovery might run $15,000 to $30,000 in legal fees. Disputes involving mental capacity, undue influence, or fights among multiple beneficiaries regularly push into the $50,000 to $100,000 range per side. Depositions run $2,000 to $5,000 each, and medical experts on capacity charge $3,000 to $7,500 or more.
A contest also stretches the timeline by months or years, and every time-based cost keeps running with it: carrying costs on real estate, bond premiums, and attorney hours. The estate typically pays the executor’s legal defense, so every dollar spent on litigation is a dollar that doesn’t reach beneficiaries. Families in contested probate often settle not because either side is wrong, but because the cost of winning exceeds what’s left to fight over.