Probate New York

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.

One thought on “Probate New York

  1. Philicia Thomas

    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?

    Reply

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