One of the first questions families ask when facing probate is: "How much will this cost?" The total depends on the size of the estate, whether an attorney is involved, and whether the case is contested. Here is a detailed breakdown of probate costs in Nassau County.
Court Filing Fees
Nassau County Surrogate's Court charges filing fees based on the gross value of the estate. The current fee schedule (set by SCPA §2402) is:
- Estate under $10,000: $45
- $10,000 – $20,000: $75
- $20,000 – $50,000: $215
- $50,000 – $100,000: $280
- $100,000 – $250,000: $420
- $250,000 – $500,000: $625
- Over $500,000: $1,250
Most Nassau County estates — especially those involving real property — fall into the highest bracket. In addition to the filing fee, there are costs for certified copies of Letters (approximately $6 per copy) and other incidental fees.
Attorney Fees
New York does not set statutory attorney fees for probate. Attorneys may charge:
- Flat fee: Common for straightforward, uncontested cases. Typical range: $3,000 – $7,000 for a simple probate.
- Hourly rate: Common for contested or complex cases. Nassau County estate attorneys typically charge $300 – $600 per hour.
- Percentage of estate: Some attorneys charge 2% – 5% of the estate value, though this is less common than it once was.
Always get a written fee agreement before hiring an attorney. Ask what is included and what would trigger additional charges.
Executor Commissions (SCPA §2307)
Under New York law, executors and administrators are entitled to commissions based on the value of the estate they receive and pay out. The statutory rates under SCPA §2307 are:
- 5% on the first $100,000
- 4% on the next $200,000
- 3% on the next $700,000
- 2.5% on the next $4,000,000
- 2% on amounts over $5,000,000
For example, on a $500,000 estate, the executor's commission would be: $5,000 + $8,000 + $6,000 = $19,000.
Important Notes - The executor must formally request commissions — they are not automatic - A will can set a different compensation arrangement - Family members serving as executor sometimes waive commissions - Both receiving and paying out commissions are calculated (the executor gets commissions on both sides)
Bond Costs
The court may require the executor or administrator to post a surety bond — essentially an insurance policy that protects the estate if the fiduciary mismanages funds.
- A will can waive the bond requirement (most well-drafted wills do)
- If no will exists, a bond is typically required for administrators
- Bond premiums are usually 0.5% – 1% of the bond amount annually
- On a $500,000 estate, expect to pay $2,500 – $5,000 per year for the bond
Other Costs
- Appraisals: Real property appraisals cost $300 – $500 in Nassau County
- Publication: If citation by publication is needed, newspaper publishing fees can run $500 – $1,500
- Accounting fees: If the estate requires a formal accounting, CPA fees apply
- ET-85 preparation: Estate tax return preparation can cost $1,000 – $5,000 depending on complexity
Ways to Reduce Probate Costs
- Get all waivers signed before filing. This avoids citation costs and speeds up the process.
- File complete, accurate paperwork. Rejected filings mean additional attorney time and delays.
- Include a bond waiver in your will. This can save thousands of dollars.
- Consider whether you need an attorney. Simple estates with cooperative families can sometimes be handled pro se (without an attorney), though this is not recommended for estates involving real property or taxes.
- Avoid probate altogether. Strategies like revocable trusts, joint ownership, and beneficiary designations can eliminate probate costs entirely. See our guide on how to avoid probate.
For the complete probate process, see our Probate Guide or Administration Guide.