How Much Does Probate Cost in New York? (2026 Attorney & Executor Fees)

If you’re an out-of-state or international heir asking how much New York probate will cost, you want a straight answer — not a sales pitch. Below is the real breakdown: what a New York probate attorney charges, what the executor’s fee is under state law, and how the two interact.

Most families in this position don’t want to coordinate three separate vendors — a probate attorney, an executor, and a real estate broker — from another state or country. Our firm handles all three directly: as your probate attorney, as your professional executor, and by selling the estate’s real estate ourselves. One point of contact, one fee structure. More on how we work.

Key Takeaways

Two separate costs make up most of what a New York estate pays during probate: the attorney’s fee and the executor’s commission. As a firm, our average rate is $400 per hour, blended across the full range of staff who work on a matter, from paralegals to attorneys. Separately, the executor’s fee is set by New York State law, not by negotiation, and is typically about 3% of the value of the estate. As a rule of thumb, total attorney fees on a matter tend to land in roughly the same range as the total executor’s fee — each around 3% of the estate.

What Drives the Cost of Probate

Every estate is different, and the two numbers above are averages, not a quote. The actual hours an attorney bills, and therefore the actual attorney fee, depend on the complexity of the matter — how many assets there are, whether real estate needs to be sold, whether heirs are in agreement, and whether the estate is contested. The executor’s commission, by contrast, is a fixed statutory percentage of estate value under New York law, so that side of the cost is more predictable once you know roughly what the estate is worth.

Attorney’s Fee

As a firm, our average rate is $400 per hour, including the full range of hourly rates from paralegals to attorneys. A rule of thumb for New York probate lawyer fees: total attorney fees are usually about the same as the total executor’s fee — roughly 3% of the estate.

Executor’s Fee

The executor’s fee, or commission, is set by New York State law. It’s typically about 3% of the value of the estate. This is not something you negotiate with your executor — it’s fixed by statute, which is one reason it’s predictable even before the estate is fully settled.

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We handle the entire estate so you don’t have to manage anything — even from out of state.

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How Attorney and Executor Fees Work Together

Because these are two separate fees governed by two different rules — one an hourly rate for legal work, the other a statutory percentage for administering the estate — it’s common for heirs to assume they’re paying double. In practice, when one firm serves as both the attorney and the executor, as ours does, the two roles are coordinated rather than duplicated: the same team handling the legal filings is also the team managing the estate day to day and, where applicable, selling the real estate.

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Frequently Asked Questions

How much does a probate attorney cost in New York?

Anthony S. Park, PLLC’s average blended rate is $400 per hour across the full range of staff, from paralegals to attorneys. As a rule of thumb, total attorney fees are usually about the same as the total executor’s fee — roughly 3% of the estate.

How much is the executor’s fee in New York?

The executor’s fee, or commission, is set by New York State law and is typically about 3% of the value of the estate.

Can one firm serve as both the probate attorney and the executor in New York?

Yes. Anthony S. Park, PLLC serves as both the probate attorney and the professional executor for an estate, and can also sell the estate’s real estate directly, so heirs aren’t coordinating separate attorney, executor, and real estate firms.