Fees are set by statute — not by each county
One of the few genuinely simple things about Surrogate's Court is this: filing fees do not depend on the county. Section 2402 of the Surrogate's Court Procedure Act (SCPA) sets a single fee schedule for the entire state. A rural county's court charges exactly the same as Manhattan's for the same petition.
That means there is no “cheaper” county to file in — and the county isn't chosen by price anyway, but by the decedent's domicile. What does change county to county is logistics: how payment is taken, whether e-filing is available, and how each clerk's office works. That is covered at the end of this page.
Not sure which county your case belongs in? Start with Which Surrogate's Court do I file in?
The fee schedule by estate size
For most proceedings — including probate (with a will) and administration (without one) — the filing fee is keyed to the gross value of the estate stated in the petition:
| Value of the estate (SCPA 2402) | Filing fee |
|---|---|
| Less than $10,000 | $45 |
| $10,000 but under $20,000 | $75 |
| $20,000 but under $50,000 | $215 |
| $50,000 but under $100,000 | $280 |
| $100,000 but under $250,000 | $420 |
| $250,000 but under $500,000 | $625 |
| $500,000 and over | $1,250 |
The same seven-band scale applies whether or not there is a will. The proceeding type changes — probate versus administration — but the fee math is the same.
What counts as “estate value”
Under SCPA 2402, the fee is computed initially on the gross value passing by will (in probate) or by intestacy (in administration). “Gross” means before debts, mortgages, or expenses are subtracted.
Just as important is what generally stays out of that number: assets that pass outside the court proceeding. Joint accounts with survivorship rights, life insurance and retirement accounts with named beneficiaries, and assets held in trust typically do not pass through the court estate and therefore do not push the fee up.
If the estate later turns out to be worth more than the petition stated, the court can collect the difference between bands.
Two low-cost exceptions: small estates and guardianship
Voluntary administration (small estate): $1
If the estate consists of $50,000 or less in personal property (not counting real estate in the decedent's sole name), it may qualify for voluntary administration — the simplified small-estate proceeding. Its filing fee is one dollar, set by SCPA 1304. It is the least expensive proceeding in all of Surrogate's Court.
Petition to appoint a guardian: $20
A petition for the appointment of a guardian under SCPA 1703 carries a flat $20 fee, regardless of the amounts involved. Several filing categories — for example, filings by guardians ad litem — carry no fee at all under SCPA 2402.
Certificates, copies, and other per-document costs
After the initial filing, most of the costs families run into are per-document. These are statewide as well:
| Document or service | Fee |
|---|---|
| Certificate of Letters (proof a fiduciary's appointment is still in force) | $6 each |
| Certified copy of a will or other paper on file | $6 per page |
| Authenticating a certified copy (exemplified copy, additional) | $20 |
| Transcript of a decree | $20 |
| Recording a document | $8 per page ($16 minimum) |
| Searching and certifying a record (under 25 years) | $30 |
| Searching and certifying a record (over 25 years) | $90 |
| Filing a will for safekeeping | $45 |
| Filing a bond (under $10,000) | $20 |
| Filing a bond ($10,000 and over) | $30 |
Two of these come up over and over in practice. The Certificate of Letters ($6) is what banks, title companies, and buyers ask for as current proof that an executor's or administrator's authority is still in force. And the certified copy with authentication — often called an exemplified copy ($6 per page plus $20) — is what another state typically requires when a New York court file has to be used out of state, or vice versa in an ancillary proceeding.
Contested and oversight filings
If a case becomes disputed — or an heir needs the court to check on a fiduciary — these filings carry their own fees:
| Filing | Fee |
|---|---|
| Objections to probate of a will | $150 |
| Demand for trial by jury | $150 |
| Note of issue | $45 |
| Objection or answer in a non-probate proceeding | $75 |
| Petition to compel a fiduciary to account (SCPA 2205) | $30 |
What filing fees don't cover
The filing fee is only one slice of the real cost of settling an estate. Common expenses that sit outside the schedule above:
- attorney fees, if counsel is retained
- surety-bond premiums, when the court requires the fiduciary to be bonded
- publication costs, when a citation must be published in a newspaper
- certified mail and other costs of serving interested parties
- appraisals, tax work (such as estate-tax clearances), and real-estate closing costs
What does vary: each county's practice
The schedule is statewide, but paying it doesn't feel identical everywhere. Each clerk's office has its own practical rules: which payment methods it takes (cash, money order, card), whether the county participates in NYSCEF e-filing for Surrogate's Court proceedings, which window handles payment, and how long letters and certificates take to issue. Those details live on the county pages:
- Manhattan (New York County) — Accepts in-person filing and electronic filing through NYSCEF for most Surrogate's Court proceedings.
- Brooklyn (Kings County) (guide on its own dedicated site)
- Nassau County (guide on its own dedicated site)
- Queens County (guide coming soon)
- Suffolk County (guide coming soon)
- Bronx County (guide coming soon)
Frequently Asked Questions
Are Surrogate's Court filing fees the same in every New York county?
Yes. The fee schedule is set by state statute (SCPA 2402) and applies uniformly in all 62 counties — the probate filing fee for a given estate value is the same in Manhattan, Buffalo, or Plattsburgh. What varies by county is practical handling: accepted payment methods, e-filing, and clerk's office procedure.
How much is the filing fee for probate or administration?
It depends on the gross value of the estate listed in the petition, on a seven-band scale: from $45 for estates under $10,000 up to $1,250 for estates of $500,000 or more. The same scale applies to probate (with a will) and administration (without a will).
What value is the filing fee based on?
On the gross estate passing by will (in probate) or by intestacy (in administration) — broadly, the property the court proceeding covers, before debts are subtracted. Assets that pass outside the estate, like joint accounts or life-insurance with a named beneficiary, are generally not part of that number.
How much does a Certificate of Letters cost?
$6 each, statewide. Banks, title companies, and buyers commonly ask for a recently issued certificate as proof that an executor's or administrator's authority is still in force.
What is the filing fee for a small estate?
$1. Voluntary administration — the simplified small-estate proceeding for estates of $50,000 or less in personal property — has a one-dollar filing fee set by SCPA 1304. It is by far the least expensive proceeding in Surrogate's Court.
Do filing fees include attorney fees or bond costs?
No. Filing fees are only what the court charges to file and issue documents. Attorney fees, surety-bond premiums, publication costs, certified mail, appraisals, and tax work are all separate expenses that vary case by case.