How Much Does Probate Cost in New York?
Probate on a $500,000 estate in New York costs an estimated $35,992SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Probate costs in New York typically include attorney fees of typically 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate, executor fees, and court filing fees. On a $500,000 estate, total costs run about $35,992SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source, roughly 7% of estate value, varying with complexity. Estimate executor compensation separately with the New York executor fee calculator.
New York allows estates with personal property of $50,000SCPA § 1301Verified Sep 8, 2026View source or less to use the Voluntary AdministrationSCPA § 1301Verified Sep 8, 2026View source, which avoids full probate administration. In New York the affidavit is filed with the Surrogate's Court, and holders honor the court's certified copy — but no letters testamentary or of administration issue. There is no statutory waiting period. Check eligibility with the New York probate need checker.
In New York, simple estates typically take 7 months to 9 months, and average estates 9 months to 15 months. Complex estates with disputes, tax issues, or unusual assets take longer. The creditor claim period of 7 monthsSCPA 1802, 1803, 1810, 1811; EPTL 11-1.5Verified Oct 19, 2026View source protects the personal representative who distributes after it; it is not a bar, and late claims can still reach undistributed assets.
Yes. The probate calculator on this page estimates New York probate attorney fees from the estate value, with attorney fees of typically 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate. On a $500,000 estate, typical fees run 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of its value; the percentage runs higher on smaller estates and lower on larger ones. It shows the attorney fee alongside executor fees, court filing fees, and the total probate cost.
New York sets executor compensation by statute — about $19,000 on a $500,000 estate, roughly 3.8%SCPA § 2307Verified Sep 8, 2026View source. Executors can waive their fee entirely or accept a reduced amount. See a detailed breakdown with the New York executor fee calculator.
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Named as Executor
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Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
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New Home
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Learn moreForms for Planning and Settling an Estate in New York
Free New York forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Petition for Probate and Letters
In New York, the petition asks the Surrogate's Court to appoint the personal representative, whose authority is proved by Letters Testamentary or Letters of Administration; every appointment goes through the courtSCPA § 1408 (court must inquire into all facts before admitting a will to probate)Verified Sep 8, 2026View source.
Renunciation of Executor
In New York, a person named as executor may renounce the right to serveSCPA § 1417(1), (4)Verified Sep 22, 2026View source before anyone is appointed.
Small Estate Affidavit
In New York, the Voluntary AdministrationSCPA § 1301Verified Sep 8, 2026View source covers estates with personal property of $50,000SCPA § 1301Verified Sep 8, 2026View source or less, filed with the court.
Estate Inventory
In New York, the personal representative files the estate inventory within 270 days22 NYCRR 207.20Verified Sep 15, 2026View source of appointment.
Estate Closing
In New York, the personal representative is discharged by court orderSCPA § 2203(4); § 2211(1); § 2215(1)Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In New York, a will is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyEPTL § 3-2.1Verified Oct 19, 2026View source.
Healthcare Power of Attorney
New York requires 2NY PHL § 2981(5)(d)Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredNY PHL § 2981(5)(d)Verified Oct 15, 2026View source.
Tools for Planning and Settling an Estate in New York
Free calculators and checklists for planning or settling an estate in New York: will and trust costs, probate, executor pay, and inheritance taxes.
Who Inherits Without a Will?
Without a will in New York, a surviving spouse takes the first $50,000 plus half of the restEPTL § 4-1.1Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationEPTL § 4-1.1; EPTL § 1-2.16Verified Sep 10, 2026View source.
What Are the Burial and Cremation Laws in My State?
New York allows you to name your own agent in advanceN.Y. Pub. Health Law § 4201(3)Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
New York levies an estate taxN.Y. Tax Law §§ 951–971Verified Sep 15, 2026View source above $7,350,000N.Y. Tax Law §§ 951–971Verified Sep 15, 2026View source (top rate 16%N.Y. Tax Law §§ 951–971Verified Sep 15, 2026View source) and no inheritance tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
In New York, beneficiaries owe no inheritance tax and the estate pays any estate taxN.Y. Tax Law §§ 951–971Verified Sep 15, 2026View source above $7,350,000N.Y. Tax Law §§ 951–971Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 7 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in New York take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesNY Tax Law Article 22 § 601(a)–(c) — rate schedules; § 601(c) covers "resident unmarried individuals, resident married individuals filing separate returns and resident estates and trusts"Verified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in New York costs an estimated $35,992SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source and takes 7 months to 9 months for a simple estate, with attorney fees of typically 2.5%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 4%SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate. Estates under $50,000SCPA § 1301Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
New York sets executor compensation by statute — about $19,000 on a $500,000 estate, roughly 3.8%SCPA § 2307Verified Sep 8, 2026View source.
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New York Estate Planning Resources
In-depth guides covering New York probate laws, trust requirements, and estate planning strategies.