New York Probate Cost 2026: Fees, Filing Fee, and the Small-Estate Route

Updated August 19, 2026. Quick answer: New York fixes one half of the bill by statute and leaves the other to the court: the executor’s commission is statutory — 5% of the first $100,000, 4% of the next $200,000, 3% of the next $700,000 and less above that (SCPA §2307) — while attorney fees are reasonable and subject to Surrogate’s Court oversight. The second number is the small-estate threshold, at or under which an estate skips most of probate: $50,000 in personal property, by voluntary administration. Whether any of that reaches a solely owned house is answered below — it is where most published guidance goes wrong.

What probate costs in New York

Why New York has no single answer

New York does not publish a percentage schedule that produces one number, so any source quoting you a firm figure is estimating. What the statute actually fixes is the standard: Executor commissions are statutory (SCPA §2307): 5% of first $100,000; 4% of next $200,000; 3% of next $700,000; 2.5% of next $4,000,000; 2% above $5,000,000 (computed half for receiving, half for paying out). Attorney fees are reasonable, subject to Surrogate’s Court oversight. Verified on nysenate.gov. That makes three things decide the bill — how many billable hours the administration takes, whether any beneficiary contests, and whether the estate qualifies for the small-estate route below and skips most of it. Get the fee basis in writing before engaging anyone.

For states that DO publish a schedule, and to compare, use the probate cost calculator.

What is the small estate limit in New York?

$50,000 in personal property — voluntary administration / small estate proceeding (SCPA Art. 13, §1301); excludes real property.

The small-estate route here does NOT clear real estate on its own. If the person who died owned a house in their sole name, that transfer needs a separate procedure or full probate, whatever the dollar limit says. This is the single most common mistake made about small-estate affidavits, and most cost guides omit it entirely.

Full thresholds for every state: small-estate limits by state.

If the estate is still being planned rather than settled, the usual way to keep a house out of probate entirely is a living trust, which carries its own upfront cost: whether a living trust is worth it in New York.

Does a house have to go through probate in New York?

Usually yes, if the house was solely owned. Because New York’s small-estate route does not clear a solely owned house, an estate that looks small on paper can still face full administration — and the fee is usually calculated on the gross value of that house, not the equity in it. That is the single most common and most costly surprise in this area, and it is fixable in advance rather than after. A fiduciary advisor can price the exposure alongside the rest of the estate picture. talk to someone about the whole estate picture. You can also run the numbers yourself first with the probate cost calculator — no email required.

How New York compares to the other 50

New York’s small-estate threshold of $50,000 ranks 28 of 49 jurisdictions with a stated figure, and sits close to the national median of $75,000. The range runs from $15,000 at the bottom to $400,000 at the top, so where an estate falls relative to the line matters far more than any national “average probate cost” figure. On fee model, New York is one of 14 of 51 jurisdictions using the hybrid approach.

Death taxes in New York, separately

New York levies an estate tax, one of 13 jurisdictions that do. That is a different question from probate cost and is decided by different statutes, but families routinely conflate the two.

Estate tax: yes – 2026 basic exclusion amount $7,350,000 (deaths 1/1/2026-12/31/2026), up from $7,160,000 in 2025 (indexed annually); rates 3.06%-16% (top 16%); NOTE the ‘cliff’: taxable estates exceeding 105% of the BEA (~$7,717,500 in 2026) lose the entire exclusion and are taxed from dollar one

What this does not include

The figures above are the probate cost — the court and compensation side of settling an estate. They are separate from any state estate tax or inheritance tax, which are taxes on the transfer itself and are owed whether or not the estate goes through probate. Appraisal, bond premium, publication, and real-estate commissions if property is sold are additional and are not set by the fee statute.

Before you hire anyone

• Ask which statute the fee is charged under, and get the citation. In New York the governing provisions are below.
• Ask whether the quoted fee is calculated on gross value or net of debts. Gross-value states charge on the full house value even if a mortgage covers most of it.
• Ask whether the personal representative is also claiming compensation, and on what basis.
• Ask in writing whether the estate qualifies for the small-estate route, and if a solely owned house is involved, whether that route reaches it.

Primary sources

• N.Y. SCPA §2307
• N.Y. SCPA §1301
• N.Y. SCPA §2402

New York in the rest of the picture

Probate cost is one of four things New York decides for a retiree and their heirs. The other three — income tax on withdrawals, estate tax, and inheritance tax — are priced separately:

• Every tax New York charges a retiree: New York retirement taxes
• The one asset class New York does not let an executor hand over like the rest: inheriting firearms in New York
• What a move out is worth: leaving New York
• Corridor comparison: New York To Arizona
• Corridor comparison: New York To Delaware
• Corridor comparison: New York To Florida
• Corridor comparison: New York To Georgia

Compare and calculate

Probate cost by state compares all 51 jurisdictions side by side. The probate cost calculator prices a specific estate. If a move is on the table, retirement tax relocation prices probate alongside the three other taxes that change with residency.

Cite or share this guide: “New York Probate Cost (2026),” statute-cited; clearmoneyguide.com/new-york-probate-cost/. Free to cite with attribution.