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How much does probate cost in New York court fees?

New York is one of the few states where the probate filing fee is a published sliding scale. Under SCPA 2402, the Surrogate's Court fee runs from $45 for an estate under $10,000 to $1,250 for an estate of $500,000 or more — identical in every county, and small next to the executor's commission the same statute book sets.

The SCPA 2402 filing fee table

The fee is calculated on the gross value of the assets that pass through probate — not on the whole of what the person owned. Jointly held property, accounts with named beneficiaries, life insurance payable to a person rather than the estate, and trust assets pass outside probate and do not count toward the bracket. If the estate's value is estimated at filing and later turns out to sit in a higher bracket, the difference in fee is paid when the value is corrected. The same scale applies to an administration proceeding (no will) as to probate of a will.

The $1 route for small estates

An estate with personal property under $50,000 can usually avoid the full proceeding entirely. Voluntary administration under SCPA Article 13 is the Surrogate's Court's simplified small-estate procedure, and its filing fee is $1. It does not transfer real property — a house in the estate generally means full probate or administration regardless of the other assets — but for an estate of bank accounts and personal effects it is the cheapest court proceeding in this entire guide series.

The commission dwarfs the filing fee

The filing fee is the smallest statutory cost in a New York estate. SCPA 2307 sets the executor's commission on a sliding percentage: 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. On a $1,000,000 estate, that is $5,000 + $8,000 + $21,000 = $34,000 — against a filing fee of $1,250. A family member serving as executor can waive the commission, and many do; the statute sets an entitlement, not an obligation. Attorney fees sit on top of both and are set by agreement, subject to the court's review of reasonableness under SCPA 2110 — no published schedule exists, so none is quoted here.

After filing: copies and certificates

Banks, brokerages, and title companies each want their own proof of appointment. The Surrogate's Court charges for certified copies of documents on file, including letters testamentary, at $6 per page on the court's published fee list — order several at the outset rather than returning repeatedly. The national record copy fee guide compares copy and certification pricing across court systems.

1. File the probate or administration petition in the Surrogate's Court of the county where the decedent lived, with the original will and a certified death certificate, and pay the bracket fee $45–$1,250
2. The court issues citations to the interested parties; if no one objects, letters testamentary or of administration issue.
3. Order certified copies of the letters for each institution that will ask for them $6/page
4. Administer the estate — collect assets, pay debts within the creditor period, and account to the beneficiaries before closing.

Where this fits nationally

Most states price probate far less transparently — a base filing fee plus county charges, or fees that surface stage by stage, as the national probate cost guide documents. New York's published scale, its $1 small-estate route, and its statutory commission table make it the most fully priced probate system in the country. Related New York deep-dives: New York court costs generally, and the guardianship filing cost guide for the Surrogate-adjacent proceedings families often meet first.

Sources: SCPA 2402 (Surrogate's Court filing fee scale, $45–$1,250 by gross estate value) and SCPA Article 13 voluntary administration ($1 filing fee; personal property under $50,000), as published in New York Courts Surrogate's Court fee guidance · SCPA 2307 (fiduciary commissions) · New York Courts — fees in the Surrogate's Court (certified copies $6/page). Last verified: October 2026 — confirm current figures with the Surrogate's Court clerk.