Simplified route
$50,000
Voluntary administration / small estate (SCPA art. 13); no waiting period stated.
Eligibility and caveatsNew York estate administration
New York probate: rules, process, costs, executor fees and deadlines
Small-estate limit: $50,000
In New York, estates up to $50,000 can use the small-estate route; executor fees run 5% down to 2% on a sliding scale (N.Y. Surr. Ct. Proc. Act § 2307); and claims are due seven months after letters are issued. In New York, decedents' estates are administered by the Surrogate's Court in the decedent's county. Estates of $50,000 or less in personal property may use the simplified voluntary-administration (small estate) procedure. New York publishes real statutory schedules for both court filing fees (SCPA § 2402) and executor commissions (SCPA § 2307).
Sources reviewed August 9, 2026. Sources rechecked October 3, 2026. This page last revised .
Answer first
New York simplified probate route
Up to $50,000; no waiting period stated. Source: N.Y. Surr. Ct. Proc. Act § 1301.
Voluntary administration / small estate (SCPA art. 13)No combined New York probate total
The Surrogate's Court filing charge is statewide: priced by estate value (N.Y. Surr. Ct. Proc. Act § 2402(7)). The commission rates (N.Y. Surr. Ct. Proc. Act § 2307) run on the money the estate takes in and pays out. Each side in full: New York probate filing cost and New York executor fees.
Screen a specific New York estate with the calculators on the small-estate page and the executor-fee page, or compare states in the full estate navigator.
What the reviewed rules establish
Court cost
Tiered
1 published schedule, itemised on the filing-cost page.
Filing-cost detailExecutor compensation
Statutory schedule
A statutory percentage schedule applies. Source: N.Y. Surr. Ct. Proc. Act § 2307.
Compensation detailCreditor deadline
Multiple triggers
N.Y. Surr. Ct. Proc. Act § 1802 (New York State Senate (Open Legislation); reviewed August 9, 2026)
Timeline and creditor detailsNew York decision map
The four facts that change the New York route
Each New York answer below links to the page that sets out its source.
| Question | Recorded New York answer |
|---|---|
| What route is being screened? | Voluntary administration / small estate (SCPA art. 13) |
| What property and basis count? | personal probate property only; gross value with statutory exemptions not classified by this worksheet. |
| What is the amount screen? | $50,000 |
| What is the time or deadline record? | No universal waiting period stated; creditor deadlines: separate clocks by triggering event |
| What does the cost record establish? | 1 published schedule; the proceeding and value basis control the total. |
| What does compensation use? | Statutory percentage schedule, measured on money received and paid out during administration. |
Limits and unresolved costs
Continue
What New York courts publish
Each link goes to the court’s own page and is checked before every release.
No New York court document is linked here. The notes below state why, rather than leaving the absence unexplained.
Limits on court material
- New York probate is handled by the Surrogate's Court in each county.
- No New York court link is listed: this site had not confirmed the New York Courts self-help pages (nycourts.gov) as of August 9, 2026. Statutory text is taken from the New York State Senate's official Open Legislation service (www.nysenate.gov).
- New York's Surrogate's Court forms, including the small-estate (voluntary administration) affidavit, are published by the Unified Court System. No New York court link is published here because this site had not confirmed those pages as of August 9, 2026: obtain the affidavit from the Surrogate's Court of the county where the decedent lived.
New York primary sources
Each rule on the New York pages comes from one of these 5 sources; the citation opens the publisher’s own text. All were last rechecked October 3, 2026.
Simplified-procedure rule
N.Y. Surr. Ct. Proc. Act § 1301, N.Y. SCPA § 1301 - Definitions (small estate / voluntary administration).
Simplified-procedure rule
N.Y. Surr. Ct. Proc. Act § 1304, N.Y. SCPA § 1304 - Summary procedure (voluntary administration).
Court cost rule
N.Y. Surr. Ct. Proc. Act § 2402(7), N.Y. SCPA § 2402 - Surrogate's Court fees.
Executor compensation rule
N.Y. Surr. Ct. Proc. Act § 2307, N.Y. SCPA § 2307 - Commissions of fiduciaries other than trustees.
Creditor deadline rule
N.Y. Surr. Ct. Proc. Act § 1802, N.Y. SCPA § 1802 - Effect of failure to present claim.
Sources rechecked October 3, 2026: New York source list · how sources are checked · report a correction