Probate cost in New York
In New York, estates up to $50,000 can often skip full probate. For a $300,000 estate, the court fee is $625.
New York's small estate limit is $50,000. Above it, the estate usually goes through probate.
- Court fee to open probate source$625
- Attorney feeNo legal schedule: set by agreement or the courtset by agreement
- Executor fee sourceSet by state law$13,000
Probate total$13,625+
The total leaves out the costs shown without a number.
- Quicken WillMaker & Trust Plus sourceOne-time price for one person$149
- Yearly feeoptional yearly renewal$40
- Moving a home into the trustSet by your county recordercounty recording fee
Trust total$149+
Assets left outside the trust can still need probate.
Probate cost by estate size
| Estate value | Court fee | Attorney (law) | Executor (law) | Total |
|---|---|---|---|---|
| $100,000 | $420 | not set by law | $5,000 | $5,420+ |
| $250,000 | $625 | not set by law | $11,000 | $11,625+ |
| $500,000 | $1,250 | not set by law | $19,000 | $20,250+ |
| $1,000,000 | $1,250 | not set by law | $34,000 | $35,250+ |
"Not set by law" means the fee is agreed with the lawyer or set by the court, so it is not in the total. Use your own numbers.
The rules in New York
- Small estate limit: $50,000 (Voluntary administration (small estate affidavit), SCPA Article 13). Does not cover real estate. Small estate = personal property with gross value of $50,000 or less, not counting property set off to the family under EPTL 5-3.1(a). Real property is not part of the measure, and the article does not apply to the decedent's New York real property (SCPA 1302, partly seen). No waiting period found. Read by the collector; not re-read in verification. Source
- Court fee: $625 for a $300,000 estate. Verified on nysenate.gov, SCPA 2402(7) schedule: less than $10,000 $45; $10,000 but under $20,000 $75; under $50,000 $215; under $100,000 $280; under $250,000 $420; under $500,000 $625; $500,000 and over $1,250. Each band runs up to just below the next threshold (shown as.99 values). Fee is based on the gross estate passing by will or intestacy as stated in the petition; an extra fee or a refund follows if a later filing shows a different value. A separate fee from the same schedule applies to a judicial accounting decree (SCPA 2402(5)), not always charged, so not included. Source
- Attorney fee: No legal schedule: set by agreement or the court. Court fixes attorney fees (SCPA 2110). Not verified against official text.
- Executor fee: Set by state law. SCPA 2307(1): 5% of first $100,000, 4% of next $200,000, 3% of next $700,000, 2.5% of next $4,000,000, 2% above $5,000,000. The rate covers receiving and paying out together. Specific legacies and devises count as zero. A fiduciary who manages real property may also keep 5% of gross rents. Read by the collector; not re-read in verification. Source
General information from official state sources, not legal advice.