New York Probate Costs
Statutory fees under N.Y. SCPA Section 2307
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).