If you are settling the estate of a loved one who lived on Staten Island, the cost of probate breaks down into two main parts: a court filing fee that is graduated by the size of the estate under SCPA § 2402, and attorney’s fees that typically run between roughly $3,000 and $10,000 for an uncontested matter. Everything starts at the Richmond County Surrogate’s Court, the single court with authority over the estates of Staten Island residents. Because the statutory filing fee scales with estate value and is periodically updated, this guide explains how the costs are structured, what drives them up or down, and how to confirm the exact current figure with the court or your counsel before you file. At Morgan Legal Group, founder Russel Morgan, Esq. and our team guide Staten Island families through Richmond County probate every week.
Where Staten Island Probate Happens
Probate in New York is a county-level proceeding. For anyone who was domiciled (legally resident) on Staten Island at the time of death, the proper venue is the Richmond County Surrogate’s Court. This is the court that will review the will, decide who has the legal right to be heard, and ultimately issue the document that gives the executor power to act — the Letters Testamentary.
The Surrogate’s Court process is governed by two statutes working together:
- The Surrogate’s Court Procedure Act (SCPA), which sets the procedural rules and the fee schedule.
- The Estates, Powers and Trusts Law (EPTL), which governs the substantive law of wills, inheritance, and distribution.
You can confirm court contact information and current forms directly through the New York State court system at nycourts.gov.
The Two Categories of Probate Cost
It helps to separate what you pay the court from what you pay your attorney. They are different, and confusing them is a common source of anxiety.
1. The Court Filing Fee (SCPA § 2402)
The fee you pay to the Surrogate’s Court to file a Petition for Probate is graduated — meaning it increases in tiers based on the gross value of the estate passing through the court. A very small estate pays a modest fee; a multi-million-dollar estate pays the top-tier fee. This structure is set by SCPA § 2402 (read the statute on nysenate.gov).
Because these statutory amounts are periodically adjusted, we do not quote a flat dollar figure here. Always confirm the current fee for your estate’s value bracket with the Richmond County Surrogate’s Court or with your attorney before filing. The key takeaways:
- The fee is tied to estate value, not a single flat rate.
- It is calculated on the value of assets passing through probate.
- It is a one-time filing cost, separate from later certification or copy fees.
2. Attorney’s Fees
For a straightforward, uncontested Staten Island probate, attorney’s fees generally fall in the range of $3,000 to $10,000, depending on the complexity of the estate, the number of distributees, whether real property is involved, and whether anyone contests. Fees may be:
- A flat fee for routine, uncontested probate, or
- An hourly arrangement for complex or contested matters.
A contested proceeding — where someone challenges the validity of the will — will cost more because of the additional litigation. If you anticipate a dispute, our contested probate page explains how those cases unfold.
What You Are Actually Paying For: The Probate Steps
Understanding the steps clarifies where the costs come from. A typical Richmond County probate proceeds like this:
- File the petition. Submit the Petition for Probate, the original will, and a certified death certificate to the Richmond County Surrogate’s Court, along with the filing fee.
- Establish jurisdiction over distributees. The court must have authority over the decedent’s heirs (distributees). This is obtained either by their signed waivers and consents or, if they will not sign, by serving a citation ordering them to appear.
- Return date / decree. If no one files objections, the court issues a decree granting probate on the return date.
- Letters Testamentary issue. The court grants Letters Testamentary under SCPA § 1414, which is the executor’s official proof of authority to act for the estate.
- Administer the estate. The executor then collects assets, pays valid debts and taxes, and distributes what remains to the beneficiaries.
For a fuller walkthrough of each stage, see our probate overview and our detailed Surrogate’s Court guide.
Preliminary Letters: Authority Before Probate Concludes
When the executor needs to act quickly — to secure a Staten Island property, pay urgent bills, or stop a financial loss — they can petition for Preliminary Letters Testamentary under SCPA § 1412. This gives interim authority while the full probate is still pending. There may be an additional fee associated with this petition, which the court can confirm.
A Cheaper Path: Small Estates (SCPA Article 13)
Not every Staten Island estate needs full probate. If the decedent’s personal property is modest, the estate may qualify for voluntary administration — also called the small estate procedure — under SCPA Article 13. This process uses a simplified affidavit instead of a full petition, costs less, and moves faster.
Key points about the small estate route:
- It is handled by affidavit, not a full probate petition.
- The court filing fee is substantially lower than full probate.
- Real property is generally excluded from this procedure, which matters for Staten Island estates that include a house or condo.
If you think the estate may qualify, our small estate affidavit page explains the eligibility limits and process.
Other Costs to Budget For
| Cost Item | What It Covers | Notes |
|---|---|---|
| Court filing fee (SCPA § 2402) | Filing the Petition for Probate | Graduated by estate value; confirm current amount |
| Attorney’s fees | Preparing and prosecuting the petition | ~$3,000–$10,000 uncontested |
| Certified copies of Letters | Proof of authority for banks/title | Per-copy fee set by the court |
| Certified death certificate | Required filing document | Obtained from NYC vital records |
| Citation service | If distributees won’t sign waivers | Process server or mail costs |
| Bond (if required) | Protects beneficiaries if ordered | Premium based on estate size |
Estate Tax Is Separate From Filing Fees
Filing fees are not the same as estate tax. For deaths in 2026, New York applies a basic exclusion amount of $7,350,000. New York also has a notorious “cliff”: once the estate exceeds 105% of the exclusion — $7,717,500 — the entire estate becomes taxable, not just the excess. Estates near that threshold should get planning advice. Current figures are published by the New York State Department of Taxation and Finance at tax.ny.gov. The executor’s responsibilities around debts, taxes, and accounting are summarized on our executor duties page.
How Long Does It Take?
A clean, uncontested Richmond County probate typically takes about 3 to 6 months from filing to the issuance of Letters and the start of distribution. Delays usually come from missing documents, distributees who are hard to locate, or objections that turn the matter contested.
Frequently Asked Questions
How much is the Surrogate’s Court filing fee in Richmond County?
The fee is graduated by the value of the estate under SCPA § 2402, so there is no single flat amount. A small estate pays a modest fee and a large estate pays the top tier. Confirm the exact current figure for your value bracket with the Richmond County Surrogate’s Court or your attorney before filing.
Do I have to use the Richmond County court?
Yes. Probate is a county proceeding, and the Richmond County Surrogate’s Court has jurisdiction over the estates of people who were domiciled on Staten Island when they died.
Can I avoid the full filing fee with a small estate?
Possibly. If the personal property is modest, the estate may qualify for voluntary administration under SCPA Article 13, which costs less. Note that real property is generally excluded from that procedure.
What are Letters Testamentary and when do I get them?
Letters Testamentary are the court’s certificate of the executor’s authority, issued under SCPA § 1414 after the decree granting probate. For urgent needs before probate concludes, Preliminary Letters under SCPA § 1412 may be available.
Get Clear Numbers for Your Staten Island Estate
Every estate is different, and the difference between a few hundred dollars and several thousand often comes down to estate value, real property, and whether the will is contested. Morgan Legal Group prepares the petition, calculates the correct SCPA § 2402 fee tier, and shepherds your matter through the Richmond County Surrogate’s Court so nothing stalls.
Schedule a consultation with Russel Morgan, Esq. today: https://calendly.com/russel-morgan/30min
Further reading from Morgan Legal Group: ways to keep an estate out of probate.