An executor in Brooklyn receives a thick packet of documents from the Kings County Surrogate’s Court. Amidst the formal notices and legal jargon, one practical question rises above all others: “What is this going to cost?” It’s the first question I’m asked by nearly every client stepping into the role of executor. They are now a fiduciary, entrusted with the stewardship of an estate, and they need to know how the costs of administration will affect the legacy left for the beneficiaries.
The answer is almost always, “It depends.” That isn’t an attempt to be evasive—it is an honest reflection of the variables involved in settling an estate. The attorney’s fee is an administrative expense paid by the estate, not the executor personally. My role is to guide the executor through the process, ensuring their duties are met and the estate is settled correctly. The fee reflects the scope of that responsibility.
How Probate Attorneys Structure Their Fees
In my practice, I have found that transparency about fees is fundamental. An executor needs a clear understanding of the financial side of the administration to properly manage the estate’s assets. Legal fees for probate in New York generally fall into one of a few structures, each suited to different circumstances.
Hourly Billing
For estates where the path forward is uncertain, hourly billing is the most common arrangement. This is often the case when family disputes are likely, a will contest is anticipated, or the nature of the decedent’s assets is unknown. We might not know if we’ll need to spend dozens of hours locating a missing heir or defending the will against a challenge. In these situations, the executor is billed only for the actual time my team and I spend working on the matter—from court appearances to creditor negotiations.
Flat Fees
When an estate is straightforward, we can often quote a flat fee. This is possible when we have a professionally drafted will, a cooperative family, and a clear inventory of assets and debts. For example, if the estate consists of a house, a bank account, and an investment portfolio with clearly named beneficiaries, the legal work is predictable. A flat fee provides the executor with certainty, allowing them to budget for the full cost of the administration without surprises.
Percentage-Based Fees
Many people believe that attorneys in New York are paid a set percentage of the estate’s value. This is a misconception. While some states have a statutory schedule for attorney fees, New York does not. Instead, our law requires an attorney’s compensation to be “reasonable.” The Surrogate’s Court has the final say on what is reasonable, and under Surrogate’s Court Procedure Act (SCPA) § 2110, the court can be asked to review and fix the fee.
Often, attorneys will propose a fee that mirrors the commission schedule for executors, but this is a guideline—not a rule. The fee must be justified by the work performed, the complexity of the issues, the size of the estate, and the results achieved. An attorney cannot simply charge 3% of a $5 million estate if the work only involved filing a few simple documents.
What Really Determines the Final Cost?
The fee structure is just the framework. The actual cost is driven by the specific facts of the estate. No two administrations are identical, but after decades of practice, I see the same factors appear again and again.
The Nature of the Assets. There is a significant difference between administering an estate with a single savings account and one with a family-owned business, a valuable art collection, and commercial real estate. Assets that require special appraisals, business valuations, or complex transactions will increase the legal work required.
Family Dynamics. A united family that communicates well can make the probate process smooth and cost-effective. A family in conflict is the single greatest driver of legal fees. Disagreements over the meaning of a will, the appointment of the executor, or the distribution of personal property can lead to formal objections and litigation—a process that is both emotionally and financially draining.
The Decedent’s Financial House. Was the decedent organized, with clear records and few debts? Or are we faced with a disorganized financial picture, significant creditor claims, or pending lawsuits? Reconstructing financial records and negotiating with creditors is time-consuming work that directly impacts the final cost of administration.
The Quality of the Will. A clear, unambiguous will drafted by an experienced estate planning attorney is the best tool for an efficient probate. A poorly drafted document—or worse, a handwritten note that may not qualify as a valid will—creates legal questions that only the court can resolve, adding time and expense to the process.
Ultimately, the role of a probate attorney is to help an executor fulfill their fiduciary duty with prudence and care. It is about honoring the decedent’s intentions while protecting the interests of the beneficiaries. That is the work the fee represents.
If you have been named executor, your first step is to understand the road ahead. Schedule a preliminary meeting with our firm to review the decedent’s will and asset profile. We will provide a clear and transparent fee projection for the probate process based on the specific facts of your case.
