If you are opening a probate matter in Brooklyn, the total cost has two main parts: a court filing fee that is graduated by the value of the estate under SCPA §2402, plus attorney fees that typically run from roughly $3,000 to $10,000 for a standard, uncontested probate. The filing fee is set by statute on a sliding scale — larger estates pay more — so there is no single flat number we can quote you in advance. The honest answer is that your exact filing fee depends on the gross estate value reported in your petition, and it must be confirmed with the Kings County Surrogate’s Court or your attorney at the time of filing. This guide explains every cost you should plan for so there are no surprises when you walk into the courthouse in Downtown Brooklyn.
How Probate Costs Are Structured in Brooklyn
Every decedent who was a Brooklyn resident has their estate administered through the Kings County Surrogate’s Court. Probate is the court process that validates a will and appoints the named executor by issuing Letters Testamentary under SCPA §1414. Until those Letters are issued, no one has legal authority to access bank accounts, sell property, or settle debts. The costs you incur are essentially the price of obtaining that authority and seeing the estate through to distribution.
There are three cost categories to understand:
- Court filing fee — a one-time statutory fee paid to the Surrogate’s Court, graduated by estate value (SCPA §2402).
- Attorney fees — what you pay counsel to prepare and prosecute the petition.
- Incidental disbursements — certified copies, certified death certificates, citation service, and similar out-of-pocket costs.
1. The Court Filing Fee (SCPA §2402)
New York sets the Surrogate’s Court filing fee on a graduated scale tied to the value of the estate. Under SCPA §2402, a small estate pays a modest fee while a multi-million-dollar estate pays substantially more. Because the statute uses brackets keyed to estate value, you cannot know your fee until you have totaled the assets that pass through probate.
Rather than risk quoting an outdated figure, we direct clients to confirm the current bracket directly. The most reliable source is the official New York Courts fee schedule and the Kings County Surrogate’s Court clerk’s office.
Important: The probate filing fee is graduated by estate value under SCPA §2402. We do not publish a flat dollar amount because the correct fee changes with each estate. Always confirm the exact fee with the Kings County Surrogate’s Court or your attorney before filing.
2. Attorney Fees
For a routine, uncontested probate in Brooklyn, attorney fees generally fall in the $3,000 to $10,000 range. Where your matter lands depends on factors such as:
- Whether all distributees sign waivers and consents, or whether a citation must be issued and served.
- The number of beneficiaries and whether any are minors, incapacitated, or unknown.
- The size and complexity of the asset mix (real estate, closely held business interests, out-of-state property).
- Whether a New York estate tax return is required (see below).
If the will is challenged, costs rise significantly. Will contests involve discovery, depositions of attesting witnesses, and litigation — a different undertaking from uncontested probate. Learn more on our contested probate page.
3. Incidental Disbursements
Plan for smaller but unavoidable out-of-pocket costs:
- Certified death certificate — required with the petition.
- Certified copies of Letters Testamentary — banks and transfer agents each want an original; order several.
- Citation service fees — if any distributee does not sign a waiver and must be formally served.
- Filing of ancillary documents — affidavits, the original will, and supporting proofs.
What You File and What It Buys
A Brooklyn probate begins when you file a Petition for Probate, the original will, and a certified death certificate with the Kings County Surrogate’s Court. The court must obtain jurisdiction over every distributee — the people who would inherit if there were no will — either by their signed waiver and consent or by issuing a citation that compels them to appear.
If no one objects by the return date, the Surrogate signs a decree granting probate, and Letters Testamentary issue under SCPA §1414. Armed with those Letters, the executor can collect assets, pay debts and taxes, and distribute the remainder to beneficiaries. For the full sequence, see our Surrogate’s Court guide and our overview of executor duties.
Where an executor needs authority before full probate concludes — for example, to preserve a perishable asset or pay urgent estate expenses — the court can grant Preliminary Letters Testamentary under SCPA §1412, giving interim authority while the petition is pending.
Timeline and the Cost of Delay
An uncontested Brooklyn probate typically takes about three to six months from filing to the issuance of Letters, assuming clean paperwork and cooperative distributees. Delays — and added cost — usually come from missing waivers, hard-to-locate heirs, or defects in the will’s execution. Filing a complete, well-prepared petition the first time is the single most effective way to keep costs down.
A Lower-Cost Path: Small Estates
Not every Brooklyn estate needs full probate. If the decedent left personal property worth $50,000 or less, the estate may qualify for voluntary administration under SCPA Article 13 — a streamlined, affidavit-based procedure with a much lower court fee and no need for formal Letters. Note that real property is generally excluded from this calculation, so a home almost always pushes an estate into full probate. Read more on our small estate affidavit page.
Don’t Forget New York Estate Tax
Filing fees are separate from estate tax. For 2026, New York’s basic exclusion amount is $7,350,000. New York also has a notorious “cliff”: estates exceeding 105% of the exclusion — $7,717,500 — lose the benefit of the exclusion entirely and are taxed on the full estate value. If your estate is near these thresholds, tax planning can save far more than any filing fee. For background, see our probate overview.
Frequently Asked Questions
How much is the Surrogate’s Court filing fee in Brooklyn?
It is graduated by the value of the estate under SCPA §2402 — there is no flat fee. Smaller estates pay less and larger estates pay more. Confirm the exact bracket with the Kings County Surrogate’s Court or your attorney before filing.
How much will an attorney charge for probate in Brooklyn?
For a standard uncontested probate, attorney fees generally range from about $3,000 to $10,000, depending on estate complexity, the number of distributees, and whether citation service is required.
How long does probate take in Kings County?
An uncontested matter usually takes about three to six months from filing to the issuance of Letters Testamentary. Contested matters or estates with missing heirs take longer.
Can I avoid the full filing fee with a small estate?
Possibly. If the decedent’s personal property is $50,000 or less, voluntary administration under SCPA Article 13 offers a lower-cost, affidavit-based alternative. Real property is generally excluded from that limit.
Speak With a Brooklyn Probate Attorney
Filing fees, attorney costs, and estate tax thresholds all turn on the specific facts of your estate. Before you file in the Kings County Surrogate’s Court, get a clear, fact-specific estimate of what your probate will cost. Russel Morgan, Esq. and the team at Morgan Legal Group guide Brooklyn families through every step — from petition to final distribution.
Schedule your 30-minute consultation with Russel Morgan, Esq.
Further reading from Morgan Legal Group: ways to keep an estate out of probate.