US Probate Calculator
New York Statutory Schedule (2026)

New York Probate Fee & Executor Commission Calculator

Estimate attorney statutory fees, personal representative commissions, and court filing costs under New York SCPA § 2307.

2026 Statutory Probate Costs Updated

Calculate New York Probate Costs

Choose your state, enter your gross estate value, and optional asset details below to view instant cost breakdowns and statutory limits.

Total assets in probate
$
$10k $1M $2.5M $5M+
$

Included inside Gross Probate value above.

$

401ks, joint accounts & trusts bypass probate.

California Probate Code § 10800 & § 10810

California enforces strict statutory fees for both attorneys and executors. Fees are calculated on gross estate value without deducting mortgages.

Small Estate Eligible

Estate is below the $184,500 threshold for simplified procedure.

Estimated Total Probate Fees
$26,435 5.29%

Combined statutory attorney, executor & court costs

Attorney Statutory Fee: $13,000
Executor Commission: $13,000
Court Filing Fee: $435
Total Estate Value (Inc. Non-Probate): $500,000
Gross probate ($500,000) + Non-probate ($0)
Estimated Net to Beneficiaries
$473,565
Includes net probate assets plus non-probate transfers

Calculated under California Probate Code § 10800.

Overview of New York Probate Laws & Fee Guidelines

Probate is the formal court proceeding required to settle an estate, resolve liabilities, and transfer assets in New York. Estate administration is strictly regulated under New York SCPA § 2307, which establishes mandatory statutory percentage schedules for legal counsel and personal representatives.

In New York, probate administration costs consist of three core components: attorney fees, executor commissions, and court filing costs. Total probate costs are calculated based on the gross value of all probate assets (including real estate) without deducting existing mortgages or liabilities.

New York Legal Nuance & Key State Quirk

New York Surrogate's Court imposes tiered filing fees up to $1,250 based on estate size, and SCPA § 2307 sets mandatory executor commission scales while attorney fees remain court-approved reasonable fees.

New York Probate Process & Fee Schedule Overview

New York probate is administered through the Surrogate’s Court under the Surrogate’s Court Procedure Act (SCPA). Executor commissions are strictly mandated by SCPA § 2307 on a sliding percentage scale: 5% on the first $100,000, 4% on the next $200,000 ($100k to $300k), 3% on the next $700,000 ($300k to $1M), 2.5% on the next $4,000,000 ($1M to $5M), and 2% on all amounts above $5,000,000. Unlike California, attorney fees in New York are not fixed by statutory percentages; instead, attorney compensation is evaluated on customary reasonable fees approved by the Surrogate’s Court based on time, difficulty, and legal expertise. For small estates valued at $50,000 or less in personal property, New York offers a simplified procedure called Voluntary Administration (Small Estate proceeding). Surrogate’s Court filing fees follow a tiered statutory scale ranging from $45 for estates under $10,000 up to $1,250 for estates over $500,000.

Fee Calculation Type
statutory
Small Estate Limit
$50,000
Base Court Petition Fee
$45

Executor & Personal Representative Commission Rules in New York

The executor or administrator of an estate in New York assumes significant fiduciary responsibilities, including inventorying property, paying creditors, filing tax returns, and distributing assets. Under New York SCPA § 2307, executors are legally entitled to reasonable compensation or statutory commissions for their time and effort.

Key rules governing executor commissions in New York:

  • Statutory Rates & Sliding Scales: Commissions are evaluated on a structured tiered scale or reasonable percentage curve based on gross probate property value.
  • Tax Implications: Executor fees are treated as taxable ordinary income. Family member executors often choose to waive fees to receive a tax-free inheritance instead.
  • Extraordinary Services: If the executor performs exceptional duties (such as conducting ongoing business operations or litigating tax disputes), the court may grant additional extraordinary fees.

Attorney Statutory Fees & Court Costs in New York

Retaining experienced legal counsel is customary for formal probate in New York. Attorney fees are either mandated by state statutory fee schedules (such as California and Florida) or determined by court-approved reasonable rates.

In addition to legal fees, estate administration incurs unavoidable court fees:

1
Initial Petition Filing Fee
Baseline court filing fee of approximately $45 required upon filing probate petition.
2
Publication & Notice Fees
Mandatory legal notices published in local newspapers to notify potential creditors.
3
Probate Referee / Appraisal Fees
Official court-appointed appraisals required for valuing real estate and physical property.

Small Estate Affidavit & Non-Probate Asset Exemption

Not all estates in New York require full court probate. If the total gross probate value is equal to or less than $50,000, beneficiaries may utilize Voluntary Administration (Small Estate) to transfer property rapidly without formal court intervention.

Furthermore, assets that bypass probate entirely in New York include:

Revocable Living Trusts
Joint Tenancy with Right of Survivorship
Payable-on-Death (POD) Accounts
401(k)s & IRAs with Named Beneficiaries

Frequently Asked Questions (New York Probate)

How are probate fees calculated in New York?
In New York, probate fees are determined under New York SCPA § 2307. Compensation for personal representatives and attorneys is evaluated based on estate complexity, gross asset valuation ($500,000 baseline estimate: $36,443.18), and court filing guidelines.
What is the small estate limit in New York?
The small estate affidavit threshold in New York is $50,000. Estates valued under this cap may bypass formal court administration using Voluntary Administration (Small Estate).
Are executor commissions mandatory in New York?
Executors and personal representatives in New York are legally entitled to statutory compensation or reasonable fees for their fiduciary duties. However, family members acting as executors frequently waive these commissions to avoid personal income taxation.
Which assets bypass probate in New York?
Non-probate assets in New York include living revocable trusts, real estate held in joint tenancy with rights of survivorship, bank accounts with Payable-on-Death (POD) designations, and retirement accounts (401k/IRA) with named beneficiaries.
How long does probate take in New York Surrogate's Court?
Probate in New York Surrogate's Court typically takes 9 to 15 months, influenced by county court backlogs and preliminary notice requirements.
How are executor fees calculated in New York?
Executor fees are calculated on SCPA § 2307 statutory tiers: 5% on first $100k, 4% on next $200k, 3% on next $700k, 2.5% up to $5M, and 2% thereafter.