If you are asking this question, you are either an executor trying to figure out what you just agreed to do, or you are planning ahead and want to understand what the court process actually costs.
In New York, probate is not simple. And it is not just attorney’s fees.
There are four primary cost categories:
- Executor commissions
• Attorney fees
• Surrogate’s Court filing fees
• Guardian ad Litem and court-appointed counsel fees
Those costs are statutory, procedural, and structural. They compound.
Let’s break it down clearly.
Executor Commission in New York (SCPA §2307)
New York sets executor and administrator commissions by statute under SCPA §2307.
They are percentage based. They are calculated on the gross value of probate assets. Not net. Not after debts. Gross.
The statutory commission schedule is:
5 percent on the first $100,000
4 percent on the next $200,000
3 percent on the next $700,000
2.5 percent on the next $4,000,000
2 percent on amounts over $5,000,000
If there are multiple executors, commissions may be divided or, in larger estates, increased depending on how the fiduciaries qualify under the statute.
Executors can waive commissions. Many do when they are also beneficiaries and want the inheritance to pass without that additional cost coming off the top. But unless waived, the executor is legally entitled to commission.
Real Examples of Executor Commission
$500,000 Estate
5 percent of $100,000 = $5,000
4 percent of $200,000 = $8,000
3 percent of $200,000 = $6,000
Total executor commission: $19,000
$1,000,000 Estate
5 percent of $100,000 = $5,000
4 percent of $200,000 = $8,000
3 percent of $700,000 = $21,000
Total executor commission: $34,000
$5,000,000 Estate
5 percent of $100,000 = $5,000
4 percent of $200,000 = $8,000
3 percent of $700,000 = $21,000
2.5 percent of $4,000,000 = $100,000
Total executor commission: $134,000
$10,000,000 Estate
5 percent of $100,000 = $5,000
4 percent of $200,000 = $8,000
3 percent of $700,000 = $21,000
2.5 percent of $4,000,000 = $100,000
2 percent of $5,000,000 = $100,000
Total executor commission: $234,000
That is before attorney fees. Before court costs. Before litigation.
New York Probate Attorney Fees (SCPA §2110)
There is no statutory percentage for probate attorney fees in New York.
Under SCPA §2110, attorney fees must be reasonable. The Surrogate has authority to review and fix compensation when fees are submitted to the court or challenged.
There is no objective formula for “reasonable.” The judge has discretion.
In practice, you will see three billing models in New York probate:
- Hourly billing
- Flat fees for uncontested matters
- Percentage-based quotes tied to the gross estate
Percentage billing is not prohibited by statute. It is simply subject to the reasonableness standard.
Experienced probate attorneys in New York often bill in the range of $350 to $650 per hour depending on geography and experience. In larger metropolitan markets, rates may be higher.
For example:
If an attorney bills at $450 per hour and a probate requires 40 hours of attorney time, that equals $18,000 in legal fees.
A portion of routine probate work can be handled by experienced paralegals under attorney supervision. If 20 of those 40 hours are performed by a paralegal billing at $250 per hour:
20 hours at $450 = $9,000
20 hours at $250 = $5,000
Total: $14,000 instead of $18,000.
Best practice is to hire a firm with a strong paralegal structure supervised by an experienced attorney. At our firm, we strive to keep costs lower this way.
If the estate involves real estate sales, objections, contested issues, formal accountings, or family conflict, the time increases. Litigation increases it significantly.
Even under a reasonable hourly structure, probate is expensive. Especially when compared to trust administration.
Surrogate’s Court Filing Fees in New York (SCPA §2402)
It is not just about executor and attorney fees. The court system has mandatory filing fees.
Surrogate’s Court filing fees are set by statute under SCPA §2402 and published by the New York Unified Court System.
Filing fee based on estate value:
Less than $10,000: $45
$10,000 to under $20,000: $75
$20,000 to under $50,000: $215
$50,000 to under $100,000: $280
$100,000 to under $250,000: $420
$250,000 to under $500,000: $625
$500,000 and over: $1,250
This fee is paid at the time the probate petition is filed, before appointment. The proposed executor pays it personally and is reimbursed after letters are issued if the estate has funds.
Additional statutory filing fees may include:
Objection to probate: $150
Demand for jury trial: $150
Note of issue: $45
Bond filing fee: typically $20 or $30 depending on bond amount
A bond is essentially insurance for beneficiaries. When required, the executor pays a premium based on estate size and risk.
Certified and exemplified copies are additional per-document costs.
Guardian ad Litem and Court-Appointed Counsel Fees
If a beneficiary is a minor, missing, unknown, or incapacitated, the court may appoint a Guardian ad Litem.
That attorney represents that person’s interest in the probate proceeding.
The estate pays that fee.
There is no fixed amount. Fees are based on time and approved by the court.
In straightforward matters, fees often range from approximately $1,500 to $5,000. In contested matters, they can increase significantly.
Every dollar paid to court-appointed professionals reduces what beneficiaries ultimately receive.
How Probate Costs Compound
Take a $1,000,000 estate:
Executor commission: $34,000
Court filing fee: $1,250
Attorney fees: dependent on time required
Bond premiums, publication costs, copies: additional expenses
You are easily approaching $60,000 in administration costs in a straightforward matter.
That is roughly 6 percent of the estate before litigation.
At $5,000,000:
Executor commission: $134,000
Attorney fees increase with complexity
Add Guardian ad Litem if required
Add accounting proceedings
Total costs can exceed $200,000 without a courtroom fight.
At $10,000,000, executor commissions alone are $234,000.
These numbers are structural.
How Trust Planning Changes the Cost Structure
A properly funded revocable living trust avoids probate and almost all of those structural probate costs.
No statutory executor commission under SCPA §2307.
No probate filing fee under SCPA §2402.
No public court proceeding.
No Guardian ad Litem appointment driven by the need to run the estate through Surrogate’s Court.
Trust administration still requires organization and legal guidance. But it is private and streamlined.
In practical terms, the legal work involved in a typical trust administration is significantly narrower than probate. There is no petition for appointment. No statutory commission calculation. No mandatory court oversight.
Because of that structure, attorney involvement is limited.
In our firm, trust administrations are typically measured in hundreds of dollars in legal fees. A few thousand dollars in attorney time would be substantial in most straightforward situations.
The will that accompanies a trust plan is not the traditional probate-driven will. It is a limited-purpose document known as a pour-over will.
If an asset is left outside the trust, the pour-over will directs that asset into the trust. In a properly implemented plan, the trust is the sole beneficiary under that will and the trustee is typically also the executor. That allows the executor to obtain appointment and transfer the asset into the trust without competing claims and without percentage-based commissions being applied to the entire estate. In many cases, this becomes what practitioners call paper probate.
When you compare tens of thousands of dollars in statutory probate cost to hundreds or low thousands in trust administration cost, you are comparing a system designed around court oversight and statutory compensation to one designed around private administration. One is built to run through the court. The other is built to avoid it, demonstrating that a private, out-of-court system is more efficient and less costly to the estate.
If you want to understand how comprehensive planning fits into this structure, see our guide to Estate Planning in New York.
Frequently Asked Questions About Probate Costs in New York
How much does probate cost in NY for a $1 million estate?
Executor commission alone is $34,000 under SCPA §2307. Add attorney fees, filing fees, and other administrative expenses, and total costs often exceed $50,000.
Are New York probate attorney fees a percentage?
They can be. There is no statutory percentage schedule for attorneys. Fees must be reasonable under SCPA §2110. Some attorneys bill hourly. Some bill flat fees. Some quote percentage-based fees.
What is executor commission in NY?
Executor commission is set by SCPA §2307 and ranges from 5 percent on the first $100,000 down to 2 percent on amounts over $5,000,000.
What are Surrogate’s Court filing fees in New York?
They range from $45 to $1,250 depending on estate size under SCPA §2402. Additional filing fees apply for objections, jury demands, bonds, and other procedural steps.
Who pays Guardian ad Litem fees in probate?
The estate pays. The Surrogate approves the fee, and it is deducted before distributions to beneficiaries.
The Real Answer
So how much does probate cost in New York?
It depends on estate size, complexity, disputes, the attorney selected, and family dynamics.
But structurally:
Executor commissions are percentage based unless waived.
Attorney fees must be reasonable and may be hourly, flat, or percentage depending on the lawyer.
Court filing fees are statutory.
Guardian ad Litem fees are paid by the estate when appointed.
At $500,000, total probate costs may fall between $30,000 and $50,000.
At $1,000,000, often $50,000 to $75,000.
At $5,000,000, six figures is common.
At $10,000,000, well into six figures before litigation.
Those numbers are mechanical.
If you are serving as executor, understand what the role carries.
If you are planning your estate, understand what your family will experience.
Probate in New York is expensive by design. A properly implemented trust minimizes cost and court involvement by design.
If you want clarity about your specific situation, have that conversation now, while you still control the structure.