If you are about to open a probate case in Staten Island, the 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 range from about $3,000 to $10,000 for a standard, uncontested matter. The court fee is set by statute and rises in tiers as the estate’s value increases, so there is no single flat number that applies to every estate — you confirm the exact tier with the Richmond County Surrogate’s Court or your attorney once the petition value is calculated. This article breaks down each cost component, explains how the graduated fee structure works, and shows where additional expenses (certified copies, citations, publication) can appear so you can budget realistically for a 2026 probate in Staten Island.
Where Staten Island Probate Is Filed
Estate administration in New York runs through the Surrogate’s Court of the county where the decedent lived at death. For Staten Island residents, that is the Richmond County Surrogate’s Court. The court applies two bodies of law: the Surrogate’s Court Procedure Act (SCPA), which governs procedure, and the Estates, Powers and Trusts Law (EPTL), which governs substantive rights such as who inherits.
Probate is the process of proving that a will is valid and appointing the executor named in it. When the court is satisfied, it issues Letters Testamentary under SCPA §1414, which are the official credentials the executor uses to act for the estate. To get a full picture of how the process fits together, see our Probate Overview and our detailed Surrogate’s Court Guide.
The Court Filing Fee: Graduated by Estate Value (SCPA §2402)
The single most important thing to understand about court costs is that the filing fee is not flat. Under SCPA §2402, the fee is graduated based on the dollar value of the estate being administered. Smaller estates pay a lower fee; larger estates pay a higher one, in defined tiers.
Because the fee depends on how the estate value is calculated for filing purposes — and because tiers are set by statute — we do not quote a specific dollar amount here. Confirm the exact fee for your estate’s value tier with the Richmond County Surrogate’s Court or your attorney before you file. What matters for budgeting is the principle: the larger the estate, the higher the statutory filing fee.
Cost Components in a Typical Staten Island Probate
| Cost Component | Who Sets It | Notes |
|---|---|---|
| Court filing fee | Statute (SCPA §2402) | Graduated by estate value — confirm tier with the court/counsel |
| Attorney fees | Counsel / agreement | Commonly ~$3,000–$10,000 for an uncontested estate |
| Certified death certificate | NYC Vital Records | Required with the petition; order extra certified copies |
| Citations / service | Statute & process | Needed when distributees do not sign waivers/consents |
| Publication (if ordered) | Newspaper | May apply when a distributee must be served by publication |
These figures describe a standard, uncontested matter. A contested probate — where someone objects to the will — can substantially increase both time and cost.
Attorney Fees: What to Expect
For most uncontested Staten Island estates, attorney fees fall in the $3,000 to $10,000 range. The exact figure depends on the size of the estate, whether all distributees sign waivers and consents, how many beneficiaries are involved, and whether any title, tax, or creditor complications arise. An attorney’s role typically covers preparing and filing the petition, securing jurisdiction over the distributees, shepherding the case to the decree, and helping the executor through the post-appointment work described in our Executor Duties guide.
The Probate Steps Your Fees Pay For
Understanding the workflow shows what the court fee and attorney fee actually purchase:
- File the petition. Submit a Petition for Probate together with the original will and a certified death certificate.
- Establish jurisdiction over distributees. The decedent’s heirs (distributees) must either sign waivers and consents or be served with a citation to appear.
- Return date / decree. On the return date, if no one files objections, the court issues a decree admitting the will to probate.
- Letters issue. The court grants Letters Testamentary (SCPA §1414), empowering the executor to act.
- Administer the estate. The executor collects assets, pays valid debts and taxes, and distributes the remainder to the beneficiaries.
When the Estate Needs Authority Sooner: Preliminary Letters
If urgent action is required before the full decree — for example, to secure property or access an account — the court can issue Preliminary Letters Testamentary under SCPA §1412. These grant interim authority while the probate petition is still pending, which can prevent assets from being lost or wasted during the waiting period.
How Long Does It Take?
A typical uncontested Staten Island probate runs about three to six months from filing to the issuance of Letters. Timelines stretch when distributees cannot be located, when waivers are not returned and citations must be served, or when objections trigger a contested proceeding.
Smaller Estates: A Lower-Cost Alternative
Not every estate needs a full probate. Under SCPA Article 13, New York allows small estate (voluntary administration) by affidavit when the personal property is below the statutory threshold. This affidavit-based procedure is generally faster and less expensive than full probate. Keep in mind that real property is generally excluded from the small estate process, so a home owned solely by the decedent usually pushes the estate toward full administration. Learn more on our Small Estate Affidavit page.
Estate Tax Is Separate From Filing Fees
Court filing fees and New York estate tax are two different things. For 2026, the New York estate tax exclusion is $7,350,000. New York also applies a “cliff”: if a taxable estate exceeds 105% of the exclusion — $7,717,500 in 2026 — the exclusion can be lost entirely and the whole estate becomes taxable, not just the excess. Estates approaching that threshold should get tax planning advice early, because the cliff makes careful valuation and planning especially important.
Frequently Asked Questions
How much is the Richmond County Surrogate’s Court filing fee?
The filing fee is graduated by estate value under SCPA §2402, so it varies from estate to estate. There is no single flat amount — confirm the exact fee for your value tier with the Richmond County Surrogate’s Court or your attorney before filing.
What does it cost to hire a probate attorney in Staten Island?
For a standard, uncontested estate, attorney fees commonly range from about $3,000 to $10,000, depending on the estate’s size and complexity.
How long does probate take in Staten Island?
An uncontested case typically takes about three to six months from filing to the issuance of Letters Testamentary. Disputes or hard-to-locate heirs extend that timeline.
Can I avoid full probate for a small estate?
Possibly. SCPA Article 13 allows a voluntary administration by affidavit when personal property falls under the statutory limit, though real property is generally excluded. See our small estate page or speak with counsel to confirm eligibility.
Talk to a Staten Island Probate Attorney
Every estate’s cost depends on its specific value, assets, and family circumstances. The best way to get an accurate estimate for a Richmond County probate is a focused conversation about your situation.
Schedule a consultation with Russel Morgan, Esq. of Morgan Legal Group: https://calendly.com/russel-morgan/30min
Further reading from Morgan Legal Group: what to ask a probate lawyer before hiring.