New York Surrogate's Court Filing Fees

What the Surrogate's Court charges to file a probate petition in New York — a graduated fee from $45 to $1,250 by estate size — plus publication and certified copies.

SCPA § 2402 FigureMyTax Editorial Team

Quick answer: New York's probate filing fee is graduated by estate size under SCPA § 2402 — from $45 for an estate under $10,000 up to $1,250 for estates of $500,000 or more. It's a flat fee per band, the same in every county's Surrogate's Court, and small next to the executor commission and attorney fee.

The SCPA § 2402 fee scale

Probate is filed with the Surrogate's Court of the county where the person lived — New York (Manhattan), Kings (Brooklyn), Queens, Bronx, Richmond, Nassau, Suffolk, Westchester and the rest. The petition fee is set statewide by statute and depends on the value of the estate:

Estate valueFiling fee (§ 2402)
Under $10,000$45
$10,000 – $19,999$75
$20,000 – $49,999$215
$50,000 – $99,999$280
$100,000 – $249,999$420
$250,000 – $499,999$625
$500,000 and over$1,250

SCPA § 2402 probate petition fee, statewide. Small estates use a lower voluntary-administration fee. Confirm with the county Surrogate's Court.

Other court-related costs

  • Publication — citation/notice may need to be published; roughly $100–$400 depending on county.
  • Certified Letters Testamentary — needed by banks and title; a few dollars each, often several needed.
  • Guardian ad litem — if any interested party is a minor or under disability, the court may appoint one, adding cost.
  • Voluntary administration — the small-estate route ($50,000 or less) carries a much lower fee.

Where the fee sits in the total

At $45–$1,250, the filing fee is a rounding error next to the executor commission (SCPA 2307) and attorney fee (SCPA 2110) — and, for large estates, the estate-tax cliff. See the whole picture in the New York probate cost breakdown, learn about attorney fees, or estimate your total with the New York probate cost calculator.

New York filing fees — frequently asked questions

How much is the New York probate filing fee?

Graduated by estate size under § 2402, from $45 for an estate under $10,000 up to $1,250 for estates of $500,000 or more, the same statewide in every Surrogate's Court.

Why is the New York filing fee graduated instead of flat?

The legislature set the § 2402 scale to rise with estate value, so a larger estate that can more easily absorb a higher court cost pays proportionally more than a modest one.

What is a guardian ad litem fee in New York probate?

An added cost that arises when the Surrogate's Court appoints someone to represent the interests of a minor or a person under disability among the interested parties, on top of the base filing fee.

Are New York probate filing fees the biggest cost?

No — at $45 to $1,250, the filing fee is minor next to the executor commission and attorney fee, and for large estates, next to the estate-tax cliff.

Does voluntary administration have a lower filing fee in New York?

Yes — the small-estate voluntary administration route for estates of $50,000 or less in personal property carries a much lower fee than the full § 2402 probate petition scale.

Facing probate in New York?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a New York attorney

Estimate for general guidance only, not legal advice. The SCPA § 2402 filing-fee scale is statewide and may change; small estates and other proceedings have different fees. Confirm with the county Surrogate's Court before filing.