Estate Settlement Cost
Menu

New York source record

Every source behind the New York guide

5 primary records, quoted verbatim and checked against 16 named presence or absence conditions that must pass against the live government text. Open the record, read the words the publishing body actually used, and confirm the current rule for yourself.

Last full re-fetch October 3, 2026

What each source establishes

The New York guide rests on the source-backed rules this site can verify for the state: which simplified procedure exists and what it limits, what the court charges, how the person administering the estate may be paid, and the statutory creditor-deadline clocks the official text states.Every published rule below is quoted in the publisher’s own words rather than summarised.

Simplified-procedure rule

N.Y. Surr. Ct. Proc. Act § 1301 (SCPA 1301)

New York State Senate (Open Legislation) · Viewing most recent revision (from 2019-11-29) · Verified August 9, 2026

A small estate is the estate of a domiciliary or a non-domiciliary who dies leaving personal property having a gross value of $50,000 or less exclusive of property required to be set off under EPTL 5-3.1 (a).

What this means: Primary text is taken from the New York State Senate's official Open Legislation service over HTTPS. The page carries the publisher's own currentness marker ('Viewing most recent revision (from 2019-11-29)'), which is pinned and re-checked each release. Confirm anything decision-critical with the Surrogate's Court.

What was published from this source

  • NY N.Y. Surr. Ct. Proc. Act § 1301

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • NY small-estate $50,000
  • NY s1301 section identity
  • section identity

Response digest d698612f524d4d04… · HTTP 200

Simplified-procedure rule

N.Y. Surr. Ct. Proc. Act § 1304 (SCPA 1304)

New York State Senate (Open Legislation) · Viewing most recent revision (from 2014-09-22) · Verified August 9, 2026

No waiting period after the death of the decedent is required.

What this means: Primary text is taken from the New York State Senate's official Open Legislation service over HTTPS. The page carries the publisher's own currentness marker ('Viewing most recent revision (from 2014-09-22)'), which is pinned and re-checked each release. Confirm anything decision-critical with the Surrogate's Court.

What was published from this source

  • NY N.Y. Surr. Ct. Proc. Act § 1304

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • NY voluntary admin no waiting period
  • NY voluntary admin $1 affidavit fee
  • NY s1304 section identity
  • section identity

Response digest 22c847f05fd2675d… · HTTP 200

Court cost rule

N.Y. Surr. Ct. Proc. Act § 2402(7) (SCPA 2402(7))

New York State Senate (Open Legislation) · Viewing most recent revision (from 2014-09-22) · Verified August 9, 2026

Less than $10,000 ....................................... $ 45.00 10,000 but under 20,000 ................................. 75.00 20,000 but under 50,000 ................................. 215.00 50,000 but under 100,000 ................................ 280.00 100,000 but under 250,000 ............................... 420.00 250,000 but under 500,000 ............................... 625.00 500,000 and over ........................................ 1,250.00

What this means: Subdivision 7 sets a statewide banded fee applied to the gross estate (for probate, the gross estate passing by will; for administration, the value of the estate). An additional fee is due if the estate's value is later shown to be higher. Primary text is taken from the New York State Senate's official Open Legislation service over HTTPS. The page carries the publisher's own currentness marker ('Viewing most recent revision (from 2014-09-22)'), which is pinned and re-checked each release. Confirm anything decision-critical with the Surrogate's Court.

What was published from this source

  • NY N.Y. Surr. Ct. Proc. Act § 2402(7)

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • NY 2402 banded fee schedule
  • NY s2402 section identity
  • section identity

Response digest a68fd605e05b42e4… · HTTP 200

Executor compensation rule

N.Y. Surr. Ct. Proc. Act § 2307 (SCPA 2307)

New York State Senate (Open Legislation) · Viewing most recent revision (from 2020-01-10) · Verified August 9, 2026

(a) For receiving and paying out all sums of money not exceeding $100,000 at the rate of 5 percent. (b) For receiving and paying out any additional sums not exceeding $200,000 at the rate of 4 percent. (c) For receiving and paying out any additional sums not exceeding $700,000 at the rate of 3 percent. (d) For receiving and paying out any additional sums not exceeding $4,000,000 at the rate of 2 1/2 percent. (e) For receiving and paying out all sums above $5,000,000 at the rate of 2 percent.

What this means: Commissions are on 'sums of money' received and paid out (receipts and expenditures), not gross estate. Subdivision (f) lets a will fix different rates/amounts for a corporate executor. Primary text is taken from the New York State Senate's official Open Legislation service over HTTPS. The page carries the publisher's own currentness marker ('Viewing most recent revision (from 2020-01-10)'), which is pinned and re-checked each release. Confirm anything decision-critical with the Surrogate's Court.

What was published from this source

  • NY N.Y. Surr. Ct. Proc. Act § 2307

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • NY 2307 commission tiers 5/4/3/2.5/2%
  • NY s2307 section identity
  • section identity

Response digest bd9519a6ab3d24ce… · HTTP 200

Creditor deadline rule

N.Y. Surr. Ct. Proc. Act § 1802 (SCPA 1802)

New York State Senate (Open Legislation) · Viewing most recent revision (from 2019-11-22) · Verified August 9, 2026

If any claim is not presented within 7 months from the date of issue of letters,

What this means: The 7-month period runs from the date letters were first issued; it is a calendar-month period, so no fixed day count is published. creditorClaims is reported as unknown with the trigger named. Primary text is taken from the New York State Senate's official Open Legislation service over HTTPS. The page carries the publisher's own currentness marker ('Viewing most recent revision (from 2019-11-22)'), which is pinned and re-checked each release. Confirm anything decision-critical with the Surrogate's Court.

What was published from this source

  • NY N.Y. Surr. Ct. Proc. Act § 1802

Conditions checked against the live text

Each condition below must be found in the page as the publisher currently serves it. If any one of them stops matching, the build fails and the figure is withheld rather than published from memory.

  • NY creditor 7 months from letters
  • NY s1802 section identity
  • section identity

Response digest 15f5278bfe80e52d… · HTTP 200

What New York courts publish

Every link is probed before each 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.
  • The New York Courts self-help pages (nycourts.gov) return HTTP 403 to automated fetches (Cloudflare interstitial), so no court-resource URL could be verified to return HTTP 200 in this session. Primary statutory text is taken from the New York State Senate's official Open Legislation service (www.nysenate.gov) over HTTPS.
  • New York's Surrogate's Court forms, including the small-estate (voluntary administration) affidavit, are published by the Unified Court System, whose servers refuse automated requests. No New York court link is published here rather than one this site cannot prove reachable: obtain the affidavit from the Surrogate's Court of the county where the decedent lived.

Checking these New York records against the publishers

Every citation above links to the body that publishes it, and every quoted sentence is reproduced exactly, so a text search on the publisher’s own page should land on it. Where the publisher’s current wording differs from what is recorded here, the publisher governs and this page is wrong; naming the citation and the language you see maps the difference onto a specific condition rather than a general complaint. The full procedure, including how a source qualifies in the first place and what disqualifies one, is set out once on the methodology page instead of being restated on each of the267 state records.

These records cover the cost and route questions this site answers for New York. They do not cover intestate succession shares, spousal and family allowances, creditor priority, tax filing obligations, real-property transfer mechanics, or contested proceedings. Where an answer would require one of those, the site says so rather than estimating.

Return to the New York estate guide ·All 267 records ·Dataset overview and citation ·How sources are selected