What Are My Personal Items Worth for Probate in New York?
Estimate the fair market value of household items for probate in New York. See how reporting accurate values instead of purchase prices affects your probate fees.
Frequently Asked Questions
Personal property in New York is valued at fair market value — what the item would sell for on the open market, not the original purchase price.SCPA § 2307 (executor: 5% first $100K / 4% next $200K / 3% next $700K / 2.5% next $4M / 2% over $5M), SCPA § 2402(7) (graduated court petition fees: <$10K=$45, <$20K=$75, <$50K=$215, <$100K=$280, <$250K=$420, <$500K=$625, ≥$500K=$1,250), SCPA § 2402(9) ($150 objections/jury demand; $45 note of issue), SCPA § 1301 (voluntary administration, $50K personal-property cap, raised from $30K by Ch. 481 L. 2019 eff. 2019-11-25), SCPA § 1304 (no waiting period; file affidavit + death certificate immediately), SCPA § 1802 (7-month creditor claim period; runs automatically from issuance of letters; no publication required — former SCPA § 1801 repealed by Ch. 514, L. 1993). Verified 2026-05-31 via nysenate.gov primary sources.Verified May 31, 2026 Most household items (furniture, electronics, clothing) lose 50-90% of their value. Professional appraisals are used for art, collectibles, jewelry, and other high-value items.
Yes. New York probate fees are typically 2-4% of the estate value, which includes personal property.SCPA § 2307 (executor: 5% first $100K / 4% next $200K / 3% next $700K / 2.5% next $4M / 2% over $5M), SCPA § 2402(7) (graduated court petition fees: <$10K=$45, <$20K=$75, <$50K=$215, <$100K=$280, <$250K=$420, <$500K=$625, ≥$500K=$1,250), SCPA § 2402(9) ($150 objections/jury demand; $45 note of issue), SCPA § 1301 (voluntary administration, $50K personal-property cap, raised from $30K by Ch. 481 L. 2019 eff. 2019-11-25), SCPA § 1304 (no waiting period; file affidavit + death certificate immediately), SCPA § 1802 (7-month creditor claim period; runs automatically from issuance of letters; no publication required — former SCPA § 1801 repealed by Ch. 514, L. 1993). Verified 2026-05-31 via nysenate.gov primary sources.Verified May 31, 2026 Accurate fair market valuations — rather than purchase prices — keep the reported estate value lower. Use the New York probate calculator to estimate total costs.
Estates with personal property under $50,000 in New York may qualify for Voluntary Administration, which avoids full probate.SCPA § 2307 (executor: 5% first $100K / 4% next $200K / 3% next $700K / 2.5% next $4M / 2% over $5M), SCPA § 2402(7) (graduated court petition fees: <$10K=$45, <$20K=$75, <$50K=$215, <$100K=$280, <$250K=$420, <$500K=$625, ≥$500K=$1,250), SCPA § 2402(9) ($150 objections/jury demand; $45 note of issue), SCPA § 1301 (voluntary administration, $50K personal-property cap, raised from $30K by Ch. 481 L. 2019 eff. 2019-11-25), SCPA § 1304 (no waiting period; file affidavit + death certificate immediately), SCPA § 1802 (7-month creditor claim period; runs automatically from issuance of letters; no publication required — former SCPA § 1801 repealed by Ch. 514, L. 1993). Verified 2026-05-31 via nysenate.gov primary sources.Verified May 31, 2026 Accurate valuation at fair market value can determine whether the estate falls below this threshold. Check eligibility with the New York probate need checker.
High-value items such as art, antiques, jewelry, and collectibles typically require professional appraisals. For typical household items — furniture, electronics, appliances, clothing — fair market value can be estimated using comparable sales data. New York probate courts require the executor to file an inventory with values for all personal property.SCPA § 2307 (executor: 5% first $100K / 4% next $200K / 3% next $700K / 2.5% next $4M / 2% over $5M), SCPA § 2402(7) (graduated court petition fees: <$10K=$45, <$20K=$75, <$50K=$215, <$100K=$280, <$250K=$420, <$500K=$625, ≥$500K=$1,250), SCPA § 2402(9) ($150 objections/jury demand; $45 note of issue), SCPA § 1301 (voluntary administration, $50K personal-property cap, raised from $30K by Ch. 481 L. 2019 eff. 2019-11-25), SCPA § 1304 (no waiting period; file affidavit + death certificate immediately), SCPA § 1802 (7-month creditor claim period; runs automatically from issuance of letters; no publication required — former SCPA § 1801 repealed by Ch. 514, L. 1993). Verified 2026-05-31 via nysenate.gov primary sources.Verified May 31, 2026
Total probate costs in New York include attorney fees, executor fees, court filing fees, and publication costs. Personal property value is one component of the gross estate that determines fee calculations. The New York probate calculator provides a complete cost breakdown.
Not necessarily. Items with named beneficiaries (life insurance, retirement accounts), jointly held property, and assets in a trust bypass probate. Only personal property owned solely by the deceased passes through probate in New York. The New York probate need checker determines which assets require probate.
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