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Calculator Updated: April 2026

New York Probate Fee Estimator

Estimate mandatory executor commissions and attorney fees based on New York probate code.

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*This guide is for educational purposes only and does not constitute legal advice.

Probate in New York takes place in the Surrogate's Court. It is known for strict formalities. Unlike some states that allow a percentage for legal fees, New York requires attorney fees to be 'reasonable' based on time spent, while Executor commissions are strictly fixed by law (SCPA § 2307).

Commission on 'Unsold' Real Estate

Crucial Rule: If the executor sells the house, they get a commission on the sale price. If the house is transferred directly to heirs without being sold, the executor generally gets 0% commission on that property value. This calculator assumes assets are liquid or sold.

The 5-4-3-2-1 Rule (SCPA § 2307)

New York uses a descending tiered structure for Executor commissions. It starts high (5%) for smaller amounts and decreases as the estate grows.

  • 5% on the first $100,000
  • 4% on the next $200,000
  • 3% on the next $700,000
  • 2.5% on the next $4,000,000
  • 2% on any amount over $5,000,000

Can You Skip Court? (Voluntary Administration)

For small estates, New York offers a simple proceeding called Voluntary Administration (Article 13). It is available if personal property is $50,000 or less.

Unlike other states, this generally excludes real estate. If the decedent owned a house (in their name alone), you usually cannot use the small estate affidavit, regardless of value. Learn more in our guide to the NY Small Estate Affidavit.

Timeline & Steps

Probate in New York's Surrogate's Court typically takes 7 to 12 months, but delays are common in busy counties like Queens, Kings (Brooklyn), and New York (Manhattan).

1. Petition the Surrogate

File the original Will and a Petition for Probate in the county where the deceased lived.

2. Jurisdiction (Citation)

The court issues a 'Citation' to notify necessary parties. They must sign waivers or appear in court.

3. Preliminary Letters

If there are delays, you can ask for 'Preliminary Letters Testamentary' to handle urgent bills.

4. The 7-Month Window

Creditors have 7 months to file claims. Assets generally shouldn't be fully distributed before this.

Don't Let Probate Eat Your Inheritance

A Living Trust can bypass this entire process.

See How to Avoid It →

Frequently Asked Questions

Are life insurance payouts included in commissions?
No. Executor commissions are only calculated on 'Probate Assets'—assets that pass through the court. Life insurance with a beneficiary bypasses probate.
Does the executor get paid for the house?
Only if the house is sold during probate. If the deed is simply transferred to the heirs, New York law generally does not allow a commission on the property's value.
What are the court filing fees?
NY Surrogate's Court fees are tiered based on estate value. For an estate between $250k-$500k, the fee is $625. For over $500k, it is $1,250.
Do I need a lawyer in NY?
It is not legally required, but highly recommended. New York probate forms are notoriously complex and rigid compared to other states.
Probate Disclaimer: This calculator provides statutory estimates for informational and educational purposes only. FinanceSmartUSA is not a law firm. Actual probate fees are determined by the court and may vary based on case complexity.