N.Y. Surrogate's Court Procedure Act § 2402: Fees

§ 2402. Fees. Amount of

1. Probate. Upon filing a petition to commence a proceeding for

probate of a will the fee shall be as shown by the following schedule

computed initially upon the gross estate passing by will as stated in

the petition; provided however that in a proceeding for ancillary

probate of a will the fee shall be computed only upon the property

within the state passing under such will and provided that in all cases

if the value of the estate so passing as subsequently shown by a tax

return filed under article twenty six of the tax law, by a proceeding

under such article, by any proceeding in surrogate's court involving

such estate, or by such papers or documents in connection with such

estate as court rules may require to be filed with the court, exceeds

the value originally stated and upon which the fee was paid, then an

additional probate fee shall be immediately payable. Such additional fee

shall be the difference between the fee based on the value subsequently

shown and the fee which was initially paid. In the event that the value

of the estate so passing as subsequently shown is less than the value

originally stated and upon which the fee was paid, then a refund shall

be made which shall be the difference between the fee initially paid and

the fee based on the actual value subsequently shown.

The fee paid in a probate or ancillary probate proceeding includes all

charges except if probate be contested, fees as required for filing

objections, demand for jury trial or for filing note of issue shall be

payable.

2. Administration. Upon filing a petition to commence a proceeding for

administration in intestacy the fee shall be as shown by the following

schedule based initially upon the gross estate passing by intestacy as

stated in the petition; provided however that if the value of the estate

so passing as subsequently shown by a tax return filed under article

twenty-six of the tax law, by a proceeding under such article, by any

proceeding in surrogate's court involving such estate, or by such papers

or documents in connection with such estate as court rules may require

to be filed with the court, exceeds the value originally stated and upon

which the fee was paid, then an additional fee shall be immediately

payable. Such additional fee shall be the difference between the fee

based on the value subsequently shown and the fee which was initially

paid. In the event that the value of the estate so passing as

subsequently shown is less than the value originally stated and upon

which the fee was paid, then a refund shall be made which shall be the

difference between the fee initially paid and the fee based on the

actual value subsequently shown.

3. Accounting. (a) Upon filing a petition to commence a proceeding for

an accounting the fee shall be as shown by the following schedule based

on the gross value of assets accounted for including principal and

income. Where more than one account is filed under a single petition the

fee shall be based separately on the gross value of each separate fund

or trust accounted for.

(b) Notwithstanding the provisions of paragraph (a) of this

subdivision, upon filing a petition to commence an accounting proceeding

for a lifetime trust or upon filing a petition for an accounting in a

conservatorship proceeding, the fee shall be the same as that which is

payable in the supreme court pursuant to section eight thousand eighteen

of the civil practice law and rules.

4. Instruments settling accounts. For filing an instrument which

releases and discharges a fiduciary but does not contain any statement

of account, no fee shall be charged. For recording any such instrument,

the fee shall be six dollars per page or part thereof. Upon filing or

recording an instrument pursuant to section 2202, the fee shall be as

shown by the following schedule based on the gross value of assets

accounted for including principal and income, and such fee shall include

the filing or recording of such instrument. If separate instruments

executed by several beneficiaries release and discharge the same

fiduciary or fiduciaries and settle in whole or in the part one and the

same account, only a single fee shall be charged for the filing or

recording of all such instruments.

5. Decree approving accounts. Upon filing a petition pursuant to

section 2203, the fee shall be as shown by the following schedule based

on the gross value of assets accounted for including principal and

income. In the event no values are shown in the petition and related

instruments the fee shall be as shown by the following schedule based on

the estate of the decedent as shown in the estate tax return filed under

article 26 of the tax law or a proceeding under such article.

6. Other proceedings. In proceedings not otherwise provided in this

act the fee shall be according to the following schedule based on the

value of the subject matter.

7. The fee schedule for subdivision 1 through 7 inclusive is as

follows:

Value of Estate or Subject Matter Fee Rate

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

8. (a) For filing a petition to commence the following proceedings,

the fee shall be as indicated:

SCPA Fee Rate

607 To punish respondent for contempt ......................... $30.00

711 Suspend, modify, revoke letters or remove a fiduciary

other than a custodian or guardian ...................... 75.00

711 Suspend, modify, revoke letters or remove a custodian

or guardian ............................................. 30.00

715 Application of fiduciary to resign ........................ 30.00

717 Suspend powers-fiduciary in war ........................... 30.00

1401 Compel production of will ................................. 20.00

1420 Construction of will ...................................... 75.00

1421 Determination of right of election ........................ 75.00

1502 Appointment of trustee .................................... 45.00

1508 Release against state ..................................... 50.00

1703 Appointment of guardian ................................... 20.00

2003 Open safe deposit box ..................................... 20.00

2102 Proceedings against a fiduciary ........................... 20.00

2103 Proceedings by fiduciary to discover property ............. 75.00

2107 Advice and directions ..................................... 75.00

2108 Continue business ......................................... 45.00

2114 Review corporate trustee compensation ..................... 10.00

2205 Petition to compel fiduciary to account ................... 30.00

EPTL

7-4.6 Appointment of successor custodian ....................... 20.00

(b) For filing a petition to commence a proceeding for the appointment

of a trustee of a lifetime trust or for the appointment of a

conservator, the fee shall be the same as that which is payable in the

supreme court pursuant to section eight thousand eighteen of the civil

practice law and rules.

9. For filing:

Fee Rate

(i) a demand for trial by jury in any proceeding, SCPA

502 .................................................... $150.00

(ii) objections to the probate of a will SCPA 1410 ............ 150.00

(iii) a note of issue in any proceeding ........................ 45.00

(iv) objection or answer in any action or proceeding

other than probate ..................................... 75.00

(v) a will for safekeeping pursuant to section 2507 of

this act except that the court in any county may

reduce or dispense with such fee ....................... 45.00

(vi) a bond, including any additional bond:

less than $10,000 ...................................... 20.00

$10,000 and over ....................................... 30.00

10. For furnishing a transcript of a decree ................... $20.00

11. For a certificate of letters evidencing that the appointment of a

fiduciary is still in full force and effect ...................... $6.00

12. (a) For making and certifying or comparing and certifying a copy

of a will or any paper on file or recorded in his office: .... $6.00 pg.

(b) Authenticating the same, additional: ...................... $20.00

13. For searching and certifying to any record for which search is

made: $30.00 for under 25 years

$90.00 for over 25 years

14. (a) For producing papers, documents, books of record on file in

his office under a subpoena duces tecum, for use within the county where

the office of the court is situated: ............................ $30.00

(b) For use in any other county, such fee to be paid for each day or

part thereof that the messenger is detailed from the office and to be in

addition to mileage fee and the necessary expenses of the messenger. The

clerk of the court shall not be required to make any collection or

return of the money so paid for expenses: ......................... $.30

15. For recording:

(a) any instrument, decree or other paper which is required by law to

be recorded: $8.00 per pg.

or part $16.00 minimum

(b) for filing an authenticated copy of a foreign will: $8.00 per pg.

$64.00 minimum

(c) for taxing bill of costs: $15.00

16. No fee shall be charged:

(a) for filing objections of a guardian ad litem, or of a respondent

in a proceeding brought pursuant to section three hundred eighty-four-b

of the social services law

(b) for filing the annual account of a guardian

(c) for any certificate or certified copy of a paper required to be

filed with the United States Veterans Administration

(d) for filing a petition in a proceeding for filing an additional

bond, to reduce the penalty of a bond or substitute a new bond or

discharge any bond when no accounting is required

(e) in respect to the proceedings for the appointment of a fiduciary

when the appointment is made solely for the purpose of collecting

bounty, arrears of pay, prize money, pension dues or other dues or

gratuities due from the federal or state government for services of an

infant or of a decedent formerly or now in the military or naval

services of the United States or to collect the proceeds of a war risk

insurance policy.

(f) to or received from the state of New York or any public agency of

the state or any civil subdivision or agency thereof or with respect to

a social services official when taking any proceeding with respect to

the estate of a person who was a recipient of benefits from social

services.

(g) or received for the filing of a petition for an order granting

funds for the maintenance or other proper needs of any infant nor for

any certificate or any certified copy of the order on such an

application.

17. The fee charged herein for the filing of a petition shall include

the recording of any decree made in that proceeding which is required by

law to be recorded and shall include the recording of any letters

required by law to be recorded.