The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for New York with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
The short answer
New York is one of the states where the core probate fees are set by statute — fixed by law rather than negotiated. Here’s how those fees work, what else gets added on top, and the ways many families avoid full probate entirely.
Attorney fees
Not statutory. Attorney fees are negotiated and must be 'reasonable' under the court's review. Common ranges: 2–4% of the estate for routine probate, or hourly billing.
Executor / personal representative fees
Statutory under SCPA §2307: 5% of first $100,000; 4% of next $200,000; 3% of next $700,000; 2.5% of next $4M; 2% above $5M.
What the fee is based on
Multiple executors can sometimes claim full commissions individually, depending on estate size — this can substantially raise costs.
Court filing fees
Surrogate's Court filing fees range from $45 to $1,250 depending on the estate's value.
Appraisal / probate referee
Not used. The executor arranges valuations.
How long probate takes in New York
7 to 18 months for a routine case; longer for contested estates. Contested estates, missing heirs, or real estate sales can extend that.
Creditor claim period
There is no fixed statutory cut-off for filing claims in New York, but the executor generally waits at least 7 months after issuance of letters before distributing the estate — this is the standard safe-harbor period during which creditor claims may be presented under SCPA practice. In practice, this window is often the real floor on how quickly an estate can close, because the personal representative usually waits it out before making final distributions.
How to skip full probate (or shrink the bill)
- Small-estate procedure. Voluntary administration (small estate) is available when personal property is $50,000 or less under SCPA Article 13.
- Real-property shortcut. Real property is not included in the $50,000 small-estate threshold; real property requires full probate or other proceedings.
- Transfer-on-death deed. New York does NOT have a statutory transfer-on-death deed for real estate. New York residents who want to pass real estate outside probate typically use a revocable living trust or joint ownership with right of survivorship.
- A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
- Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
- Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.
Do you need a lawyer?
For most New York estates that go through full probate, yes — the court process has formal requirements and missed deadlines can cost more than the legal fees they were meant to avoid. For genuinely simple estates, or where a small-estate procedure applies, many families handle it themselves or use a legal document preparer for a flat fee.
The honest takeaway
The cheapest probate cost is the one you avoid in advance — by titling assets correctly, keeping beneficiary designations current, and, where it makes sense, using a living trust. If your estate is likely to exceed New York’s small-estate thresholds, it’s worth talking to a licensed New York estate attorney while you still have the option to plan.
Related reading
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What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.
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How to Avoid Probate in New York — the state-specific avoidance playbook.
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How Long Does Probate Take in New York? — the companion timeline guide for New York.
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What Happens If You Die Without a Will in New York? — how New York splits an estate when there is no will.
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Will vs. Trust: Which Do You Need? — for New York residents weighing whether a trust is worth it.
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Estate Planning Checklist: Everything in One Place — the documents and decisions that make probate easier (or unnecessary).
This page explains New York probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the New York courts or a licensed New York attorney. Sources: NY SCPA §2307, NY SCPA Article 13, NY SCPA §1802.