Quick answer: New York does not set probate attorney fees by a statutory percentage. Under SCPA § 2110, the Surrogate's Court fixes a reasonable fee based on the work done, the estate's size and complexity, and the results. In practice, fees commonly run 3% to 5% of the estate.
How New York probate attorneys are paid
Court-approved reasonableness, not a schedule
Unlike California or Florida, New York has no fee schedule for attorneys. The Surrogate's Court reviews the fee for reasonableness under SCPA § 2110, weighing the time and labor, the difficulty, the size of the estate, the responsibility involved, and the results achieved. Many attorneys quote an hourly rate ($350–$600 in NYC) or a fee they'll ask the court to approve.
What that means in dollars
In practice New York probate attorney fees land around 3%–5% of the estate. On a $1,000,000 estate that's roughly $30,000–$50,000 — comparable to, and separate from, the $34,000 executor commission. On a mid-sized estate the two together are the dominant cost.
Attorney who is also executor
Do you need an attorney?
For full probate in the Surrogate's Court, effectively yes — the process is document-heavy and the court expects counsel for anything beyond a tiny estate. Voluntary administration ($50,000 or less) can sometimes be done without one.
How to keep New York probate attorney fees down
- Fund a living trust — trust administration involves far less attorney time than Surrogate's Court probate.
- Agree the fee basis in writing up front — hourly vs a percentage the attorney will seek to have approved.
- Keep the estate organized — a clean inventory and clear title reduce billable hours.
- Use voluntary administration where the estate qualifies.
Attorney fees are only one cost. See the full picture in the New York probate cost breakdown, or estimate your total with the New York probate cost calculator.