Updated September 7, 2026. Quick answer: New York’s Surrogate’s Court fee scales with estate value, from $45 for estates under $10,000 up to $1,250 for estates of $500,000 or more; a $250,000 estate costs $625.00.
If a trust could save your estate this fee in New York
A living trust avoids probate entirely in New York, which means the estate skips the $45.00 above along with every other cost the court charges once a case is open. LawDepot builds a state-specific one.
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What New York charges to open probate
New York sets this fee on a statutory tier tied to the estate’s value, starting at $45.00 for estates under $10,000 and rising in steps as the estate gets larger.
| Estates under $10,000 | $45.00 |
| Estates $250,000-under $500,000 | $625.00 |
| Estates $500,000 and over | $1,250.00 |
Where this money goes and who sets it
The authority for this figure is N.Y. Surrogate’s Court Procedure Act (SCPA) § 2402. In the source’s own words: “Less than $10,000 ………………………………… $ 45.00 / 10,000 but under 20,000 …………………………… 75.00 / … 500,000 and over …………………………………. 1,250.00”
What this fee doesn’t cover
Because New York prices this by tier, the fee jumps at each threshold in the table above rather than climbing smoothly with the estate’s value. Either way, this is the court’s own charge just to open the file and issue letters, separate from what an attorney charges to actually handle the estate and separate from any state estate or inheritance tax the estate itself might owe.
Sources
Source: N.Y. Surrogate’s Court Procedure Act (SCPA) § 2402.