If you are settling the estate of a Queens resident, the cost to probate a will in the Queens County Surrogate’s Court comes down to two main categories: the court filing fee, which is graduated by the value of the estate under SCPA §2402, and attorney fees, which for an uncontested probate typically run $3,000 to $10,000. New York does not publish a single flat probate filing fee — the amount you pay the court rises in tiers as the estate grows, so the only accurate way to know your exact filing fee is to confirm the current schedule directly with the Queens County Surrogate’s Court or with your attorney before you file. Below, Morgan Legal Group breaks down every cost you should expect when opening a Queens probate in 2026, where those costs come from in the statute, and how to keep them under control.
How Probate Works in Queens County
In New York, probate is governed by the Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law (EPTL), and every case is heard in the county Surrogate’s Court where the decedent was domiciled. For a Queens resident, that means the Queens County Surrogate’s Court. Probate is the court process that validates the deceased person’s will and grants the named executor legal authority to act through a document called Letters Testamentary.
The core steps are the same throughout New York:
- File the Petition for Probate along with the original will and a certified death certificate.
- Obtain jurisdiction over the distributees (the people who would inherit under intestacy) either through signed waivers and consents or by serving a citation.
- The court issues a decree admitting the will to probate on the return date, assuming no objections are filed.
- Letters Testamentary issue under SCPA §1414, giving the executor authority to act.
- The executor collects assets, pays valid debts and taxes, and distributes the remainder to the beneficiaries.
For a deeper walkthrough of the process, see our Probate Overview and our step-by-step Surrogate’s Court Guide.
The Court Filing Fee: Graduated by Estate Value (SCPA §2402)
The single most misunderstood cost in Queens probate is the court filing fee. Many families expect a flat charge, but New York law sets the probate filing fee on a sliding scale tied to the value of the estate under SCPA §2402. In general terms:
- The smaller the estate, the lower the filing fee.
- The larger the estate, the higher the filing fee, climbing through a series of statutory brackets.
- “Value” for this purpose is generally the value of the personal property plus the value of any real property that passes under the will — the figures used should be confirmed with the court.
Because the schedule is graduated and is subject to periodic legislative adjustment, we do not quote a single fixed dollar amount here. The Queens County Surrogate’s Court publishes the current §2402 fee schedule, and your attorney will calculate the exact fee based on your estate’s value at the time of filing. Always verify the current number with the court or counsel before sending payment, because filing with the wrong fee can delay your case.
Other Costs to Budget For
Beyond the §2402 filing fee, a typical Queens probate involves several smaller, predictable costs:
| Cost Category | What It Covers | Notes |
|---|---|---|
| Court filing fee (SCPA §2402) | Filing the Petition for Probate | Graduated by estate value; confirm current amount |
| Certified death certificate | Required exhibit with the petition | Order extra certified copies for banks |
| Certified copies of Letters | Proof of executor authority for institutions | Modest per-copy fee from the court |
| Citation service | When a distributee will not sign a waiver | Process server / mailing costs |
| Attorney fees | Preparing and prosecuting the petition | Roughly $3,000–$10,000 uncontested |
| Bond premium (if required) | Surety bond when the will does not waive it | Varies by estate size and insurer |
Attorney Fees in a Queens Probate
For an uncontested probate in Queens, attorney fees generally range from $3,000 to $10,000, depending on the size and complexity of the estate, whether all distributees will sign waivers, and whether real property or business interests are involved. The executor’s primary responsibilities — collecting assets, settling debts, handling taxes, and distributing the estate — are summarized in our guide to Executor Duties. When all heirs cooperate and the paperwork is clean, costs stay at the lower end of that range; a contested matter can cost substantially more.
Timeline: How Long Does Queens Probate Take?
An uncontested probate in the Queens County Surrogate’s Court typically takes about three to six months from filing to the issuance of Letters Testamentary. If an executor needs authority before the full probate is complete — for example, to secure a property or pay urgent bills — the court can grant Preliminary Letters Testamentary under SCPA §1412, which provide interim authority while the probate petition is pending.
When You May Not Need Full Probate: Small Estates
Not every Queens estate requires full probate. If the decedent’s personal property falls under the statutory threshold, the estate may qualify for voluntary administration (a “small estate” proceeding) under SCPA Article 13. This is a streamlined, affidavit-based process that is faster and cheaper than full probate — but note that real property is generally excluded from this procedure. Learn more on our Small Estate Affidavit page to see whether your Queens matter qualifies.
If a will is challenged, the picture changes significantly — see our Contested Probate page for how objections, examinations, and litigation affect both timeline and cost.
New York Estate Tax in 2026
Filing fees are separate from estate tax. For 2026, New York’s estate tax basic exclusion amount is $7,350,000. New York also applies a “cliff”: when a taxable estate exceeds 105% of the exclusion — $7,717,500 — the exclusion phases out and the entire estate becomes taxable, not just the amount over the threshold. Estates approaching that line should plan carefully with counsel and confirm current figures with the New York State Department of Taxation and Finance.
Frequently Asked Questions
How much does it cost to file probate in Queens County?
The court filing fee is graduated by the value of the estate under SCPA §2402, so there is no single flat amount. Add attorney fees of roughly $3,000–$10,000 for an uncontested case, plus smaller costs like certified copies. Confirm the current §2402 fee with the Queens County Surrogate’s Court or your attorney.
Where do I file probate for a Queens resident?
You file in the Queens County Surrogate’s Court, because New York probate is heard in the county where the decedent was domiciled.
Can I avoid probate fees with a small estate proceeding?
Possibly. If the personal property is under the statutory limit, you may use voluntary administration under SCPA Article 13, which is faster and less expensive — but real property is generally not included.
How long until the executor can act?
Letters Testamentary usually issue within three to six months in an uncontested case. For urgent needs, the court may grant Preliminary Letters Testamentary under SCPA §1412 sooner.
Speak With a Queens Probate Attorney
Every estate is different, and the only way to know your exact Queens County filing fee is to calculate it against your estate’s value under the current §2402 schedule. Russel Morgan, Esq. and the team at Morgan Legal Group guide Queens families through probate efficiently — from petition to final distribution.
Schedule your consultation with Russel Morgan, Esq. and get a clear, accurate picture of your probate costs.
Further reading from Morgan Legal Group: ways to keep an estate out of probate.