Understanding executor commissions, attorney fees, court filing costs, and tax expenses is essential for every estate. We provide clear, transparent guidance on what to expect.
The cost of probating an estate in New York depends on the size and complexity of the estate, whether the administration is contested or uncontested, the number of properties involved, and whether estate taxes are triggered. Most estates subject to full probate in New York Surrogate's Court will incur four primary categories of expense: executor commissions, attorney fees, court filing fees, and tax preparation costs.
New York is unusual in that executor commissions are set by statute — specifically SCPA §2307 — meaning the executor is entitled to a fixed percentage of the estate's assets regardless of the amount of work performed. For a $1,000,000 estate, the statutory executor commission is approximately $34,000. Attorney fees are not similarly fixed and are instead set by agreement or, in contested matters, by the court. Court filing fees are determined by the gross value of the estate under SCPA §2402 and typically range from a few hundred dollars for smaller estates to several thousand dollars for large ones. Additional costs may include appraisal fees, accountant fees, newspaper publication fees for creditor notice, and certified copy fees for letters testamentary.
Across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, Morgan Legal Group is committed to cost transparency. We discuss all anticipated fees at the outset of every engagement and provide strategies to minimize costs where the estate plan allows. For estates that have not yet been created, we work with clients to build estate plans — including revocable trusts, beneficiary designations, and joint tenancy arrangements — that can dramatically reduce or eliminate probate costs for future generations.
| Amount of Estate | Commission Rate |
|---|---|
| First $100,000 | 5% |
| Next $200,000 | 4% |
| Next $700,000 | 3% |
| Next $4,000,000 | 2.5% |
| Above $5,000,000 | 2% |
Proactive planning before death and careful administration after death both significantly affect total cost.
Assets held in trust at death avoid probate entirely, eliminating executor commissions and court fees on those assets.
Retirement accounts, life insurance, POD bank accounts, and TOD securities pass outside probate — reducing the probate estate's size and associated costs.
Estates under $50,000 qualify for voluntary administration under SCPA §1310, dramatically reducing fees and court involvement.
Errors in probate petitions cause delays and rejection fees. Experienced counsel reduces re-filings and unnecessary costs.
An executor who is also a primary beneficiary may choose to waive their statutory commission, which reduces the overall cost to the estate.
Many probate attorneys offer flat-fee arrangements for routine estates, providing cost certainty and often lower total fees than hourly billing.
Answers to the most common questions about the cost of probate in New York.
Under New York SCPA §2307, executor commissions are calculated as a percentage of the total value of assets the executor receives and pays out during the administration. The statutory commission schedule is tiered: 5% on the first $100,000 of the estate; 4% on the next $200,000; 3% on the next $700,000; 2.5% on the next $4,000,000; and 2% on any amount above $5,000,000. Real estate that is specifically bequeathed (a specific devise) is generally not included in the commission base unless the executor was required to sell it. If there are co-executors, the statutory commissions may be apportioned among them depending on the size of the estate. For estates valued under $300,000, co-executor commissions are capped at the amount one executor would receive. Executors are also entitled to additional commissions for income collected on behalf of the estate during administration. Beneficiaries have the right to object to executor commissions that exceed the statutory amount or that are claimed on assets not properly included in the commission base.
Attorney fees in New York probate matters are not set by statute and vary significantly based on the complexity of the estate, the geographic market, and the fee arrangement between the attorney and the estate. In New York City — including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island — many probate attorneys charge either a flat fee or an hourly rate. Flat fees for routine, uncontested estates typically range from $3,000 to $8,000 for simple matters and can exceed $20,000 for complex estates involving multiple properties, business interests, or estate tax returns. Hourly rates for experienced New York City probate attorneys generally range from $350 to $650 per hour. In contested matters — will contests, contested accountings, executor removal proceedings, or fiduciary misconduct litigation — fees can be significantly higher given the additional work involved. Importantly, New York courts have the power to review attorney fees charged to an estate and to reduce them if deemed excessive. All attorney fees charged to the estate must ultimately be approved through the accounting process, giving beneficiaries the opportunity to object to fees they believe are unreasonable. Morgan Legal Group offers transparent fee structures and will discuss anticipated costs during your initial consultation.
New York Surrogate's Court charges filing fees based on the gross value of the estate being probated. The fee schedule under SCPA §2402 provides for a base fee that increases with the estate's value. For estates under $10,000 the fee is $45; $10,001–$20,000 is $75; $20,001–$50,000 is $215; $50,001–$100,000 is $280; $100,001–$250,000 is $420; $250,001–$500,000 is $625; $500,001–$1,000,000 is $1,250; above $1,000,000 is $1,250 plus $50 for each additional $100,000 above $1,000,000, to a maximum of $10,000. Additional fees apply for citation services, certified copies of letters testamentary, publication of notice to creditors, and miscellaneous filings throughout the administration. Estate tax returns — if required because the New York taxable estate exceeds the applicable exemption — add further complexity and cost, typically requiring a CPA or estate tax attorney in addition to probate counsel.
Several estate planning strategies can significantly reduce or eliminate probate costs for New York residents and their families. The most comprehensive approach is a funded revocable living trust — by transferring assets into the trust during life, those assets pass outside of probate at death, eliminating the associated court costs, executor commissions, and delay. For smaller estates, New York's small estate procedure under SCPA §1310 allows voluntary administration of estates valued at $50,000 or less, dramatically reducing fees and complexity. Beneficiary designations on retirement accounts, life insurance policies, payable-on-death bank accounts, and transfer-on-death securities accounts allow those assets to pass directly to named beneficiaries without probate. Joint tenancy with right of survivorship achieves similar results for real estate and some financial accounts, though it should be implemented carefully with legal guidance given its drawbacks. Where probate cannot be avoided, working with an experienced probate attorney who prepares all filings correctly the first time minimizes costs — incomplete or incorrect filings that must be resubmitted add both time and expense. Morgan Legal Group offers estate planning consultations to help families determine which combination of strategies makes sense for their particular circumstances.
For additional probate resources, visit: morganlegalny.com/probate/
Russel Morgan, Esq. provides a clear breakdown of expected fees and costs at the outset of every engagement. Schedule a consultation today.
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