NYC Probate Fees and Court Costs, Explained: A Cost Checklist

One of the first questions families ask when someone dies in New York City is, ‘What is this going to cost?’ Probate fees in New York are more predictable than rumor suggests, but they come from several sources: the Surrogate’s Court, the executor, the attorney, and potentially the tax man. Here is a practical checklist of what to budget for, without the scare tactics.

Step 1: Budget the Surrogate’s Court Filing Fee

New York Surrogate’s Courts charge a filing fee for a probate petition based on the size of the estate, set by statute (SCPA 2402). The fee scales up with the gross estate value, from a modest amount for small estates to a higher fixed fee for larger ones. Whether the decedent lived in Manhattan or the Bronx, the fee schedule is the same statewide. Check the current schedule before you file.

Step 2: Account for Executor Commissions

The executor is entitled by law (SCPA 2307) to a commission, calculated as a percentage of estate assets that pass through their hands. The statute uses a sliding scale that decreases as the estate grows. A family member serving as executor often waives the commission, but it is a real cost when a professional or a non-family fiduciary serves. Decide early whether the executor will take it.

Step 3: Plan for Attorney Fees

Unlike some states, New York does not set attorney fees as a fixed percentage of the estate. Lawyers typically charge hourly or a flat fee for routine probate, and the Surrogate’s Court can review the reasonableness of the fee. A straightforward, uncontested NYC estate costs far less than a contested one with a will challenge or family dispute. Ask for a written fee arrangement up front.

Step 4: Add Incidental Costs

Smaller line items add up: certified death certificates, certified copies of letters testamentary, a surety bond premium if the will did not waive bond, appraisals for NYC real estate or a co-op, and accounting fees. None is huge alone, but budget a cushion.

Step 5: Determine Whether Estate Tax Applies

Court costs are not taxes. New York estate tax is separate and applies only to larger estates: the 2026 exclusion is $7,350,000. New York has a cliff, so an estate exceeding about $7,717,500 (105% of the exclusion) loses the exclusion entirely and is taxed in full. Given NYC real estate values, more estates approach this line than families expect. A federal estate tax may also apply at much higher thresholds.

Step 6: Compare the Cost of Avoiding Probate

A revocable living trust (EPTL Article 7) can keep assets out of probate and avoid filing fees and commissions, but it costs money to set up and offers no estate-tax savings. Whether the trade-off is worth it depends on the size and complexity of the estate. This is a planning decision, made while the owner is alive.

A Note on Getting Help

Probate in New York City is rarely as expensive as people fear, but the executor commission, attorney fee, and estate-tax cliff each deserve a careful look. Before you assume a number, consult a New York attorney who can estimate costs for your specific estate and borough.