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Draft state probate reference

Probate in New York: Small Estate and Executor Guide

This draft New York probate reference summarizes selected fiduciary commission and voluntary-administration concepts. Surrogate's Court procedure depends on the property and the estate's circumstances.

Draft data: not verified

This page has not been verified against current official New York sources. Do not rely on its dollar amounts, fee summary, form name, or procedure without checking the cited statute, current court instructions, and the facts of the estate.

Executor fee rule

New York SCPA section 2307 describes statutory fiduciary commissions using a tiered schedule for money received and paid out.

The statute generally computes receiving and paying-out commissions separately at one-half of the listed rate for each side of the transaction.

Draft schedule

  • 5% through $100,000
  • 4% on the next $200,000
  • 3% on the next $700,000
  • 2.5% on the next $4 million
  • 2% above $5 million

Important limits

  • Specific bequests, multiple fiduciaries, corporate executors, income, real-property management, and will provisions can change the result.
  • The commission base is not always the same as the estate's gross market value.

Small estate information

Draft threshold
$50,000 or less in qualifying personal property
Scope
New York calls the simplified process voluntary administration. The statutory definition focuses on personal property and excludes property set off under other law.
Form or process name
Small Estate / Voluntary Administration Affidavit; New York Courts also provides a DIY form program

Eligibility cautions

  • Real property owned in the decedent's name can require a different proceeding, although jointly owned real property may be treated differently.
  • A possible wrongful-death or other estate claim can make full administration more appropriate.
  • The filing is made in the Surrogate's Court for the proper county.

Draft probate notes

  • The Surrogate's Court appoints a voluntary administrator for an eligible small estate.
  • The right person to file depends in part on whether there is a will and the relationship of potential distributees.
  • The court may issue certificates for listed assets rather than one unrestricted appointment covering every estate matter.

Statutes and official starting points

These links are provided for independent review. Their inclusion does not mean this draft page has completed legal verification.

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Frequently asked questions

Is this New York probate information verified?

No. This is a draft reference that has not been verified against current official state sources for publication.

What is the draft New York small-estate threshold?

$50,000 or less in qualifying personal property. Eligibility has additional requirements and must be confirmed for the specific estate.

How are executor fees described in New York?

New York SCPA section 2307 describes statutory fiduciary commissions using a tiered schedule for money received and paid out.

Should I rely on this page instead of legal advice?

No. Probate rules change and depend on the facts. Check current court instructions and statutes, and consult a licensed attorney for legal advice.

This tool provides general information and document templates for convenience. It is not legal advice. Laws vary by state and change over time. Consult a licensed attorney for your situation.