An executor for a parent’s estate in Manhattan receives the first invoice from the estate’s attorney and is taken aback. He had heard probate fees were a small percentage of the estate’s value, but the bill is based on hourly rates. This confusion is common. Unlike some states, New York has no statutory fee schedule for probate attorneys—the idea of a fixed percentage is a myth here.
Instead, the Surrogate’s Court requires an attorney’s compensation to be “reasonable.” In practice, this means the cost directly reflects the work required to settle an estate and fulfill an executor’s fiduciary duty. At my firm, we are transparent about fees from the first conversation. The cost should never be a surprise.
Three Common Fee Structures for Probate
When we guide an executor through probate, we establish the fee arrangement upfront. The structure depends on the estate itself—its assets, its liabilities, and the potential for complications.
Most probate work in New York is done on an hourly basis. The attorney and staff track time spent on all estate matters, from preparing the probate petition to filing the final accounting. This model is best for estates where the work is unpredictable—for instance, if a will contest is likely or if a family business needs to be valued and managed.
For simpler estates, a flat fee is often more suitable. If an estate holds a house, a few bank accounts, and has cooperative beneficiaries, we can predict the scope of work with reasonable certainty. A flat fee gives the executor cost predictability from the start. This arrangement covers all standard probate procedures.
Finally, some attorneys propose a fee based on a percentage of the estate’s value. While this is the statutory model for an executor’s commission under Surrogate’s Court Procedure Act (SCPA) §2307, it is less common for an attorney’s fee. When used, it is typically for very large or complex estates where the fee is negotiated. The court, however, always retains authority to review the fee for reasonableness, regardless of the initial agreement.
What Actually Drives the Cost of Probate?
The fee structure is just the billing mechanism. The actual cost is driven by the estate’s specific circumstances. An executor’s role is not just distributing assets; it is a stewardship role that involves marshalling assets, paying debts, and satisfying the court that everything was done correctly. Our legal work supports every step of that process.
These factors have the greatest impact on an attorney’s fees:
- The Nature of the Assets. An estate with a single brokerage account is straightforward. An estate holding a family-owned business in Brooklyn, a portfolio of commercial real estate, and an art collection requires substantially more work. Business valuations, property management, and specialized appraisals all add to the time required.
- Family Dynamics. A family united in settling the estate efficiently will always have lower legal fees. When beneficiaries are in conflict, challenging the will, or questioning the executor’s every move, the attorney must spend significant time responding, mediating, and potentially defending the executor in court.
- Debts and Liabilities. Settling an estate means notifying and paying the decedent’s legitimate creditors. This can be as simple as paying final utility bills or as complex as resolving business loans, tax liens, or Medicaid claims.
- The Will Itself. A professionally drafted, clear, and properly executed will is the foundation of a smooth probate. A poorly drafted will, or a case with no will at all (intestacy), often requires additional court proceedings to determine the rightful heirs under New York law.
The Work Behind the Fee
When an executor hires our firm, we perform the detailed legal and administrative work required by the Surrogate’s Court. This is not just paperwork. It is a series of deliberate actions to protect the estate, the executor, and the beneficiaries.
Our work includes:
- Petitioning the Court: Preparing and filing the probate petition and supporting documents to have the will admitted to probate and the executor formally appointed.
- Marshalling Assets: Legally gathering and taking control of all estate assets, from bank accounts to real estate titles.
- Inventory and Appraisal: Creating a formal inventory of all estate assets with their date-of-death values.
- Creditor Notification and Payment: Identifying and notifying potential creditors and settling all legitimate debts of the decedent.
- Accounting: Preparing a detailed accounting of all money that has come into and gone out of the estate. This report is provided to the beneficiaries and, in some cases, filed with the court for approval.
- Distribution: After all debts and expenses are paid, we oversee the final distribution of assets to the beneficiaries according to the will.
Each step requires careful attention to law and procedure. The goal is a clear, defensible record of the executor’s actions, protecting them from future liability and ensuring the decedent’s legacy is honored as intended.
If you have been named an executor, your first step is to understand the scope of your duties. Schedule a consultation with our firm to review the will and the estate’s assets. In that meeting, we can provide a clear outline of the legal work required and the fee structure best suited to the situation.
