- Probate value
- Gross Value. Fair market value with no adjustment for secured debt.
- Small Estate Affidavit
- If the decedent died after January 1, 2009, the affidavit can be used if the gross value of personal property (excluding real property and amounts set aside for surviving family members) does not exceed $30,000. If death happened before January 1, 2009, value of personal property can not exceed $20,000.
- Summary Administration
- Not available.
- Surviving spouse procedure
- No separate procedure.
- Ancillary Probate
- Foreign Fiduciary Affidavit. Surrogate Form AP-1, Revised 4/98
- Statutory Attorney Fees
- Reasonable fees
- Statutory Executor Fees
- 5% of first $100,000
4% of next $200,000
3% next $700,000
2 1/2 % next $4,000,000
2% above $5,000,000 - Probate Court Costs
- A description of court fees can be found here: http://www.courts.state.ny.us/courts/1jd/surrogates/
- Do It Yourself Support
- An individual can prepare and file probate forms. Forms can be obtained from the surrogate court. You can also download certain forms from the Surrogate Court web site.
- Probate Statutes
- N/A
- Special Notes
- The probate court is referred to as the Surrogate court in New York.
Gentlemen; What is a Statutory Executor and how are lawyer’s fees calculated, are they free to charge whatever they want and without consultating with the beneficiaries?