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| Fees |
| Value of Estate/Subject Matter | SCPA | Court Fees |
Article 24
COURT FEES
§2401. Fees in the surrogate's court; general provisions.
1. In the surrogate's court fees for service, filing and other matters shall
be as provided in this article to the exclusion of other statutory provisions
unless expressly stated to the contrary.
2. The clerk of each surrogate's court shall charge and receive for the services
and matters herein set forth the fees indicated in this article which shall be
payable in advance.
3. All fees shall be the property of the county unless otherwise provided by
law.
4. Unless specifically indicated no fee is chargeable for motions made in a pending
proceeding or for ex parte applications.
5. The fees in the surrogate's court of each county of the state shall be the
amount specified in the rate column for the service or matter indicated.
§2402. Fees; amount of.
1. Probate. Upon filing a petition to commence a proceeding for probate of
a will the fee shall be as shown by the following schedule computed initially
upon the gross estate passing by will as stated in the petition; provided
however that in a proceeding for ancillary probate of a will the fee shall
be computed only upon the property within the state passing under such will
and provided that in all cases if the value of the estate so passing as subsequently
shown by a tax return filed under article twenty six* of the tax law, by
a proceeding under such article, by any proceeding in surrogate's court involving
such estate, or by such papers or documents in connection with such estate
as court rules may require to be filed with the court, exceeds the value
originally stated and upon which the fee was paid, then an additional probate
fee shall be immediately payable. Such additional fee shall be the difference
between the fee based on the value subsequently shown and the fee which was
initially paid. In the event that the value of the estate so passing as subsequently
shown is less than the value originally stated and upon which the fee was
paid, then a refund shall be made which shall be the difference between the
fee initially paid and the fee based on the actual value subsequently shown.
*So in original. Probably should be ''twenty-six"
The fee paid in a probate or ancillary probate proceeding includes all charges
except if probate be contested, fees as required for filing objections, demand
for jury trial or for filing note of issue shall be payable.
2. Administration. Upon filing a petition to commence a proceeding for administration
in intestacy the fee shall be as shown by the following schedule based initially
upon the gross estate passing by intestacy as stated in the petition; provided
however that if the value of the estate so passing as subsequently shown by
a tax return filed under article twenty-six of the tax law, by a proceeding
under such article, by any proceeding in surrogate's court involving such estate,
or by such papers or documents in connection with such estate as court rules
may require to be filed with the court, exceeds the value originally stated
and upon which the fee was paid, then an additional fee shall be immediately
payable. Such additional fee shall be the difference between the fee based
on the value subsequently shown and the fee which was initially paid. In the
event that the value of the estate so passing as subsequently shown is less
than the value originally stated and upon which the fee was paid, then a refund
shall be made which shall be the difference between the fee initially paid
and the fee based on the actual value subsequently shown.
3. Accounting. (a) Upon filing a petition to commence a proceeding for an accounting
the fee shall be as shown by the following schedule based on the gross value
of assets accounted for including principal and income. Where more than one
account is filed under a single petition the fee shall be based separately
on the gross value of each separate fund or trust accounted for.
(b) Notwithstanding the provisions of paragraph (a) of this subdivision, upon
filing a petition to commence an accounting proceeding for a lifetime trust
or upon filing a petition for an accounting in a conservatorship proceeding,
the fee shall be the same as that which is payable in the supreme court pursuant
to section eight thousand eighteen of the civil practice law and rules.
4. Instruments settling accounts. For filing an instrument which releases
and discharges a fiduciary but does not contain any statement of account, no
fee shall be charged. For recording any such instrument, the fee shall be six
dollars per page or part thereof Upon filing or recording an instrument pursuant
to section 2202, the fee shall be as shown by the following schedule based
on the gross value of assets accounted for including principal and income,
and such fee shall include the filing or recording of such instrument. If separate
instruments executed by several beneficiaries release and discharge the same
fiduciary or fiduciaries and settle in whole or in the part one and the same
account, only a single fee shall be charged for the filing or recording of
all such instruments.
5. Decree approving accounts. Upon filing a petition pursuant to section 2203,
the fee shall be as shown by the following schedule based on the gross value
of assets accounted for including principal and income. In the event no values
are shown in the petition and related instruments the fee shall be as shown
by the following schedule based on the estate of the decedent as shown in the
estate tax return filed under article 26 of the tax law or a proceeding under
such article.
6. Other proceedings. In proceedings not otherwise provided in this act the
fee shall be according to the following schedule based on the value of the
subject matter.
7. The fee schedule for subdivision 1 through 7 inclusive is as follows:
| Value of Estate or Subject Matter
|
Fee Rate |
| Less than $10,000 |
$45.00 |
| 10,000 but under 20,000 |
$75.00 |
| 20,000 but under 50,000 |
$215.00 |
| 50 000 but under 100,000 |
$280.00 |
| 100,000 but under 250,000 |
$420.00 |
| 250,000 but under 500,000 |
$625.00 |
| 500,000
and over |
$1,250.00 |
8. (a) For filing a petition to commence the following proceedings, the fee
shall be as indicated:
SCPA Fee Rate
SCPA
|
Fee Rate |
| 607 To punish respondent for contempt |
$30.00 |
| 711 Suspend, modify, revoke letters
or remove a fiduciary other than a custodian or guardian |
$75.00 |
| 711 Suspend, modify, revoke letters or remove
a custodian or guardian |
$30.00 |
| 715 Application of fiduciary to resign |
$30.00 |
| 717 Suspend powers-fiduciary in war |
$30.00 |
| 1401 Compel production of will |
$20.00 |
| 1420 Construction of will |
$75.00 |
| 1421 Determination of right of election |
$75.00 |
| 1502 Appointment of trustee |
$45.00 |
| 1508 Release against state |
$50.00 |
| 1703 Appointment of guardian |
$20.00 |
| 2003 Open safe deposit box |
$20.00 |
| 2102 Proceedings against a fiduciary |
$20.00 |
| 2103 Proceedings by fiduciary to discover property |
$75.00 |
| 2107 Advice and directions |
$75.00 |
| 2108 Continue business |
$45.00 |
| 2114 Review corporate trustee compensation |
$10.00 |
| 2205 Petition to compel fiduciary to account |
$30.00 |
| EPTL 7-4.6
Appointment of successor custodian |
$20.00 |
(b) For filing a petition to commence a proceeding for the appointment of
a trustee of a lifetime trust or for the appointment of a conservator, the
fee shall be the same as that which is payable in the supreme court pursuant
to section eight thousand eighteen of the civil practice law and rules.
| Court
Fees |
Fee Rate |
9.
For filing:
(i) a demand for
trial by jury in any proceeding, SCPA
502 |
$150.00 |
| (ii) objections
to the probate of a will SCPA 1410 |
$150.00 |
| (iii)
a note of issue in any proceeding |
$45.00 |
| (iv) objection or
answer in any action or proceeding other than probate |
$75.00 |
| (v) a will for safekeeping
pursuant to section 2507 of this act except that the court in any county
may reduce or dispense with such fee |
$45.00 |
| (vi) a bond, including
any additional bond: less than $10,000 |
$20.00 |
| $10,000 and over |
$30.00 |
| 10. For furnishing
a transcript of a decree |
$20.00 |
| 11. For a certificate
of letters evidencing that the appointment of a fiduciary is still
in full force and effect |
$6.00 |
| 12. (a) For making
and certifying or comparing and certifying a copy of a will or any
paper on file or recorded in his office: |
$6.00 pg. |
| (b) Authenticating
the same, additional: |
$20.00 |
| 13. For searching
and certifying to any record for which search is made: |
$30.00 for under 25 years
$90.00 for over 25 years |
| 14. (a) For producing
papers, documents, books of record on file in his office under a subpoena
duces tccum, for use within the county where the office of the court
is situated: |
$30.00 |
| (b) For use in any
other county, such fee to be paid for each day or part thereof that
the messenger is detailed from the office and to be in addition to
mileage fee and the necessary expenses of the messenger. The clerk
of the court shall not be required to make any collection or return
of the money so paid for expenses: |
$.30 |
15. For recording:
(a) any instrument, decree or other paper which is required by law to be
recorded- |
$8.00 per pg. or
part
$16.00 minimum |
| (b) for filing an
authenticated
copy of a foreign will: |
$8.00 per
page
$64 minimum |
| (c)
for taxing bill of costs: |
$15.00 |
S.C.P.A.
16. No fee shall be charged:
(a) for filing objections of a guardian ad litem, or of a respondent in a proceeding
brought pursuant to section three hundred eighty-four-b of the social services
law
(b) for filing the annual account of a guardian
(c) for any certificate or certified copy of a paper required to be filed with
the United States Veterans Administration
(d) for filing a petition in a proceeding for filing an additional bond, to
reduce the penalty of a bond or substitute a new bond or discharge any bond
when no accounting is required
(e) in respect to the proceedings for the appointment of a fiduciary when the
appointment is made solely for the purpose of collecting bounty, arrears of
pay, prize money, pension dues or other dues or gratuities due from the federal
or state government for services of an infant or of a decedent formerly or
now in the military or naval services of the United States or to collect the
proceeds of a war risk insurance policy.
(f) to or received from the state of New York or any public agency of the state
or any civil subdivision or agency thereof or with respect to a social services
official when taking any proceeding with respect to the estate of a person
who was a recipient of benefits from social services.
(g) or received for the filing of a petition for an order granting funds for
the maintenance or other proper needs of any infant nor for any certificate
or any certified copy of the order on such an application.
17. The fee charged herein for the filing of a petition shall include the recording
of any decree made in that proceeding which is required by law to be recorded
and shall include the recording of any letters required by law to be recorded.
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