N.Y. Surr. Ct. Proc. Act § 2402 · checked 2026-10-20
Probate court fees in New York
New York sets the fee to open an estate by its value: for a $100,000 estate it is $420, from N.Y. Surr. Ct. Proc. Act § 2402.
- 1$100,000 estate $420
- 2Fee basis Value brackets
- 3Small-estate fee Not listed
- 4Schedule N.Y. Surr. Ct. Proc. Act § 2402
Fee to open an estate, by value
| Estate value | Fee | How it is worked out |
|---|---|---|
| $25,000 | $215 | estates under $50,000 |
| $50,000 | $280 | estates under $100,000 |
| $100,000 | $420 | estates under $250,000 |
| $250,000 | $625 | estates under $500,000 |
| $500,000 | $1,250 | top bracket |
| $1,000,000 | $1,250 | top bracket |
Across these six example values the fee runs from $215 to $1,250. At $100,000, 9 of the 12 fee schedules on this site charge less and 2 charge more.
Source: N.Y. Surrogate's Court Procedure Act § 2402 (court fees), last checked 2026-10-20. Courts can add copy, certification and publication costs that are not in this schedule.
The small-estate route and its cost
New York's simplified procedure is the small estate administration (voluntary administrator) (N.Y. Surr. Ct. Proc. Act § 1301), for estates within $50,000. The fetched schedule does not name a separate fee for it. Check the New York limit or see how long probate takes there.
What the court fee does not cover
The schedule above is only the court's own charge, and because it moves with the estate's value, the value stated in the petition decides which bracket applies. Publishing notice to creditors in a newspaper, certified copies of letters, a fiduciary bond where the court requires one, appraisals and recording fees for real estate are billed separately by whoever provides them. Those notices also start New York's creditor claim period of 7 months (N.Y. Surr. Ct. Proc. Act § 1802), which usually decides how soon the estate can close. Most courts can waive or defer fees for a petitioner who cannot pay; the clerk's office has the request form.
Related: probate court fees compared · what probate is · all fee schedules.
Court fees only, read from the official schedule on 2026-10-20. Not legal advice; Probate Clock does not refer anyone to lawyers. Fee waivers are usually available to people who cannot pay — ask the court clerk.