§ 2402 — Fees

New York § 2402

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 24: Court Fees

Text

§ 2402. Fees. Amount of\n 1. Probate. Upon filing a petition to commence a proceeding for\nprobate of a will the fee shall be as shown by the following schedule\ncomputed initially upon the gross estate passing by will as stated in\nthe petition; provided however that in a proceeding for ancillary\nprobate of a will the fee shall be computed only upon the property\nwithin the state passing under such will and provided that in all cases\nif the value of the estate so passing as subsequently shown by a tax\nreturn filed under article twenty six of the tax law, by a proceeding\nunder such article, by any proceeding in surrogate's court involving\nsuch estate, or by such papers or documents in connection with such\nestate as court rules may require to be filed with the court, exceeds\nthe value originally stated and upon which the fee was paid, then an\nadditional probate fee shall be immediately payable. Such additional fee\nshall be the difference between the fee based on the value subsequently\nshown and the fee which was initially paid. In the event that the value\nof the estate so passing as subsequently shown is less than the value\noriginally stated and upon which the fee was paid, then a refund shall\nbe made which shall be the difference between the fee initially paid and\nthe fee based on the actual value subsequently shown.\n The fee paid in a probate or ancillary probate proceeding includes all\ncharges except if probate be contested, fees as required for filing\nobjections, demand for jury trial or for filing note of issue shall be\npayable.\n 2. Administration. Upon filing a petition to commence a proceeding for\nadministration in intestacy the fee shall be as shown by the following\nschedule based initially upon the gross estate passing by intestacy as\nstated in the petition; provided however that if the value of the estate\nso passing as subsequently shown by a tax return filed under article\ntwenty-six of the tax law, by a proceeding under such article, by any\nproceeding in surrogate's court involving such estate, or by such papers\nor documents in connection with such estate as court rules may require\nto be filed with the court, exceeds the value originally stated and upon\nwhich the fee was paid, then an additional fee shall be immediately\npayable. Such additional fee shall be the difference between the fee\nbased on the value subsequently shown and the fee which was initially\npaid. In the event that the value of the estate so passing as\nsubsequently shown is less than the value originally stated and upon\nwhich the fee was paid, then a refund shall be made which shall be the\ndifference between the fee initially paid and the fee based on the\nactual value subsequently shown.\n 3. Accounting. (a) Upon filing a petition to commence a proceeding for\nan accounting the fee shall be as shown by the following schedule based\non the gross value of assets accounted for including principal and\nincome. Where more than one account is filed under a single petition the\nfee shall be based separately on the gross value of each separate fund\nor trust accounted for.\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, upon filing a petition to commence an accounting proceeding\nfor a lifetime trust or upon filing a petition for an accounting in a\nconservatorship proceeding, the fee shall be the same as that which is\npayable in the supreme court pursuant to section eight thousand eighteen\nof the civil practice law and rules.\n 4. Instruments settling accounts. For filing an instrument which\nreleases and discharges a fiduciary but does not contain any statement\nof account, no fee shall be charged. For recording any such instrument,\nthe fee shall be six dollars per page or part thereof. Upon filing or\nrecording an instrument pursuant to section 2202, the fee shall be as\nshown by the following schedule based on the gross value of assets\naccounted for including principal and income, and such fee shall include\nthe filing or recording of such instrument. If separate instruments\nexecuted by several beneficiaries release and discharge the same\nfiduciary or fiduciaries and settle in whole or in the part one and the\nsame account, only a single fee shall be charged for the filing or\nrecording of all such instruments.\n 5. Decree approving accounts. Upon filing a petition pursuant to\nsection 2203, the fee shall be as shown by the following schedule based\non the gross value of assets accounted for including principal and\nincome. In the event no values are shown in the petition and related\ninstruments the fee shall be as shown by the following schedule based on\nthe estate of the decedent as shown in the estate tax return filed under\narticle 26 of the tax law or a proceeding under such article.\n 6. Other proceedings. In proceedings not otherwise provided in this\nact the fee shall be according to the following schedule based on the\nvalue of the subject matter.\n 7. The fee schedule for subdivision 1 through 7 inclusive is as\nfollows:\nValue of Estate or Subject Matter Fee Rate\n Less than $10,000 ....................................... $ 45.00\n 10,000 but under 20,000 ................................. 75.00\n 20,000 but under 50,000 ................................. 215.00\n 50,000 but under 100,000 ................................ 280.00\n 100,000 but under 250,000 ............................... 420.00\n 250,000 but under 500,000 ............................... 625.00\n 500,000 and over ........................................ 1,250.00\n 8. (a) For filing a petition to commence the following proceedings,\nthe fee shall be as indicated:\nSCPA Fee Rate\n 607 To punish respondent for contempt ......................... $30.00\n 711 Suspend, modify, revoke letters or remove a fiduciary\n other than a custodian or guardian ...................... 75.00\n 711 Suspend, modify, revoke letters or remove a custodian\n or guardian ............................................. 30.00\n 715 Application of fiduciary to resign ........................ 30.00\n 717 Suspend powers-fiduciary in war ........................... 30.00\n1401 Compel production of will ................................. 20.00\n1420 Construction of will ...................................... 75.00\n1421 Determination of right of election ........................ 75.00\n1502 Appointment of trustee .................................... 45.00\n1508 Release against state ..................................... 50.00\n1703 Appointment of guardian ................................... 20.00\n2003 Open safe deposit box ..................................... 20.00\n2102 Proceedings against a fiduciary ........................... 20.00\n2103 Proceedings by fiduciary to discover property ............. 75.00\n2107 Advice and directions ..................................... 75.00\n2108 Continue business ......................................... 45.00\n2114 Review corporate trustee compensation ..................... 10.00\n2205 Petition to compel fiduciary to account ................... 30.00\nEPTL\n7-4.6 Appointment of successor custodian ....................... 20.00\n (b) For filing a petition to commence a proceeding for the appointment\nof a trustee of a lifetime trust or for the appointment of a\nconservator, the fee shall be the same as that which is payable in the\nsupreme court pursuant to section eight thousand eighteen of the civil\npractice law and rules.\n 9. For filing:\n Fee Rate\n(i) a demand for trial by jury in any proceeding, SCPA\n 502 .................................................... $150.00\n(ii) objections to the probate of a will SCPA 1410 ............ 150.00\n(iii) a note of issue in any proceeding ........................ 45.00\n(iv) objection or answer in any action or proceeding\n other than probate ..................................... 75.00\n(v) a will for safekeeping pursuant to section 2507 of\n this act except that the court in any county may\n reduce or dispense with such fee ....................... 45.00\n(vi) a bond, including any additional bond:\n less than $10,000 ...................................... 20.00\n $10,000 and over ....................................... 30.00\n 10. For furnishing a transcript of a decree ................... $20.00\n 11. For a certificate of letters evidencing that the appointment of a\nfiduciary is still in full force and effect ...................... $6.00\n 12. (a) For making and certifying or comparing and certifying a copy\nof a will or any paper on file or recorded in his office: .... $6.00 pg.\n (b) Authenticating the same, additional: ...................... $20.00\n 13. For searching and certifying to any record for which search is\nmade: $30.00 for under 25 years\n $90.00 for over 25 years\n 14. (a) For producing papers, documents, books of record on file in\nhis office under a subpoena duces tecum, for use within the county where\nthe office of the court is situated: ............................ $30.00\n (b) For use in any other county, such fee to be paid for each day or\npart thereof that the messenger is detailed from the office and to be in\naddition to mileage fee and the necessary expenses of the messenger. The\nclerk of the court shall not be required to make any collection or\nreturn of the money so paid for expenses: ......................... $.30\n 15. For recording:\n (a) any instrument, decree or other paper which is required by law to\nbe recorded: $8.00 per pg.\n or part $16.00 minimum\n (b) for filing an authenticated copy of a foreign will: $8.00 per pg.\n $64.00 minimum\n (c) for taxing bill of costs: $15.00\n 16. No fee shall be charged:\n (a) for filing objections of a guardian ad litem, or of a respondent\nin a proceeding brought pursuant to section three hundred eighty-four-b\nof the social services law\n (b) for filing the annual account of a guardian\n (c) for any certificate or certified copy of a paper required to be\nfiled with the United States Veterans Administration\n (d) for filing a petition in a proceeding for filing an additional\nbond, to reduce the penalty of a bond or substitute a new bond or\ndischarge any bond when no accounting is required\n (e) in respect to the proceedings for the appointment of a fiduciary\nwhen the appointment is made solely for the purpose of collecting\nbounty, arrears of pay, prize money, pension dues or other dues or\ngratuities due from the federal or state government for services of an\ninfant or of a decedent formerly or now in the military or naval\nservices of the United States or to collect the proceeds of a war risk\ninsurance policy.\n (f) to or received from the state of New York or any public agency of\nthe state or any civil subdivision or agency thereof or with respect to\na social services official when taking any proceeding with respect to\nthe estate of a person who was a recipient of benefits from social\nservices.\n (g) or received for the filing of a petition for an order granting\nfunds for the maintenance or other proper needs of any infant nor for\nany certificate or any certified copy of the order on such an\napplication.\n 17. The fee charged herein for the filing of a petition shall include\nthe recording of any decree made in that proceeding which is required by\nlaw to be recorded and shall include the recording of any letters\nrequired by law to be recorded.\n