I often meet with families after a parent passes away, and the first question is always about logistics. When they discover their mother, a lifelong Brooklyn resident, also owned a small vacation condo in Florida, their simple grief is complicated by a new reality. They now face not one, but two court systems, each with its own set of rules, timelines, and—most importantly—costs. When it comes to probate expenses, geography is destiny.
The assumption that settling an estate costs roughly the same everywhere is a common and costly mistake. The bill for court fees, executor commissions, and legal services is dictated by state law. What is considered a reasonable expense in one jurisdiction might be seen as excessive in another.
The Core Components of Probate Costs
Probate costs are not arbitrary. They fall into several distinct categories, and how each is calculated creates the wide variation between states. The primary drivers of the final bill are court filing fees, the executor’s commission, and attorneys’ fees.
Court filing fees are often the most straightforward expense. In New York, the Surrogate’s Court charges fees on a sliding scale based on the gross value of the probate estate. An estate valued at $250,000 will have a different filing fee than one valued at $2,500,000. While these fees are a factor, they are rarely the largest part of the total cost.
The executor’s commission is a far more significant expense. This is the compensation paid to the person or institution responsible for administering the estate. In New York, this commission is not a flat fee. It’s a percentage of the estate’s value, set by law. Under Surrogate’s Court Procedure Act (SCPA) §2307, the commission is calculated on a tiered basis: 5% on the first $100,000, 4% on the next $200,000, and so on. This statutory formula provides predictability but also means that for larger estates, the commission alone can be a substantial sum.
Finally, there are attorneys’ fees. These can be structured in several ways: a flat fee, an hourly rate, or—in some states—a percentage of the estate’s value. At my firm, we believe the fee should reflect the actual work required, not just a percentage of the assets. The complexity of the estate—Will contests, creditor claims, or difficult-to-value assets—is what should determine the legal cost, not a simple formula.
New York’s System vs. Other Jurisdictions
The New York model, with its statutory executor commissions, provides a clear framework. But it’s not the only way. Understanding the differences is critical for families with assets spread across the country.
Consider California. It has a statutory fee structure that applies to both the executor and the attorney. The percentages are identical for both, meaning a multi-million-dollar estate can incur two significant, formula-based fees. This can make probate in California considerably more expensive than in New York for a similarly valued estate, especially if the administration is straightforward.
Then there are states like Florida, which also has a statutory fee schedule but allows for a “reasonableness” standard. If the work is unusually simple or complex, the court may be petitioned to adjust the fee. This adds a layer of subjectivity that New York’s stricter formula avoids.
The most significant cost multiplier is ancillary probate. If a New York resident dies owning real estate in another state, the family must initiate a second, “ancillary” probate process in that state’s court system. They will have to hire a local attorney, pay local court fees, and follow local procedures, effectively doubling many of the administrative burdens and costs. That Florida condo or Vermont ski house suddenly becomes a major logistical and financial challenge for the heirs.
Stewardship Through Intentional Planning
Understanding these cross-state differences is not an academic exercise. It is the foundation of prudent planning. The goal of good stewardship is to create a seamless transition of your legacy to the next generation, not to leave them with a multi-state legal puzzle.
For many of the families I represent, particularly those with property in more than one state, the most effective tool for avoiding this is a revocable living trust. When assets—like a Manhattan co-op and a Florida condo—are properly titled in the name of a trust, they bypass probate entirely. Upon your passing, the successor trustee you named can administer and distribute those assets according to your instructions, without involving Surrogate’s Court in either state.
This isn’t about avoiding costs at all expense. It’s about being deliberate. It’s about ensuring the value of your assets is transferred to your beneficiaries, not consumed by redundant legal proceedings in multiple jurisdictions. Planning ahead transforms a potentially chaotic and expensive process into an orderly, private administration. It is the difference between leaving behind a legacy and leaving behind a problem.
If your family holds real estate or other significant assets outside of New York, the first step is to create a clear inventory of what you own and how it is titled. Bring that list to our office for a review, and we can determine if your current plan exposes your heirs to the unnecessary cost and delay of multiple probate proceedings.
