Most people calling about probate ask the same question first, and rarely get a straight answer: what is this going to cost?
For simple, uncontested probate and estate administration in Nassau and Suffolk County, the fee is set in advance:
- $5,000 — flat fee, paid up front
- $10,000 — flat fee, paid later, once the executor or administrator has been appointed
The second option exists because many families do not have cash available until the estate is open. If paying up front is difficult, the matter can proceed and be billed after appointment.
* Restrictions apply. These fees cover matters that fit the pattern described below. Court filing fees and certain additional services are separate — both are listed further down this page.
Not every estate fits. If yours does not, that is covered too, at the bottom of this page.
What Counts as a Simple, Uncontested Probate
Probate is the process used when there is a will. The flat fee applies when all of the following are true:
- Your spouse or parent died while living in Nassau or Suffolk County, and left a will.
- You have the original will, not a photocopy.
- You have an original death certificate.
- If a spouse survived, that spouse either agrees to offer the will for probate or will sign a waiver if they are not the named executor.
- All of the decedent's children are living and are 18 or older.
- All of the heirs are easily identified, and no additional proof of family relationships is needed.
- All of the children agree to offer the will for probate, and will sign waivers if they are not the named executor.
- If a child died before the parent, that child's own children are all 18 or older and also agree to offer the will for probate and sign waivers.
- None of the surviving spouse or children have a legal capacity issue.
If every line above describes your situation, the matter is simple and uncontested, and the flat fee applies.
What Counts as a Simple, Uncontested Administration
Administration is the process used when there is no will. The flat fee applies when all of the following are true:
- Your spouse or parent died while living in Nassau or Suffolk County, without a will.
- A diligent search has been made and no will was found.
- If a spouse survived, that spouse either agrees to serve as administrator or will sign a waiver if they do not want to serve.
- All of the decedent's children are living and are 18 or older.
- All of the heirs are easily identified, and no additional proof of family relationships is needed.
- Everyone agrees on who will serve as administrator, and will sign a waiver confirming that agreement.
- If a child died before the parent, that child's own children are all 18 or older and also agree on who will serve, and will sign waivers.
- None of the surviving spouse or children have a legal capacity issue.
What the Flat Fee Does Not Cover
Two categories sit outside the flat fee, and both are disclosed up front rather than appearing later.
Surrogate's Court filing fees. These are set by statute, not by this firm, and they scale with the size of the estate — currently ranging from $45 to $1,250 or more. Every estate pays them regardless of who handles the matter.
Additional services. Some estates need work beyond opening the proceeding and getting the fiduciary appointed. Transferring real property, locating or recovering assets, and similar work are billed separately and quoted before anything begins.
Nothing else is added. The flat fee covers the work of getting the estate through Surrogate's Court and the executor or administrator appointed.
If Your Situation Does Not Fit
Plenty of estates do not fit the pattern above, and that is ordinary rather than alarming. A minor child, an heir nobody can locate, a family member who disagrees, a missing original will, a second marriage, property in another state — any of these puts the matter outside a flat fee, because the work is no longer predictable.
For those situations, the next step is a paid consultation: $299 for 30 minutes, paid at the time of booking. It is a working session, not a sales call — you leave knowing what the proceeding involves, what it is likely to require, and what it will cost.
If you decide to move forward, the $299 is credited toward the legal fee.
If you are not sure which category you fall into, call first.
Why Pricing Is Published Instead of Quoted
Legal fees in probate are usually quoted after a consultation, and are often calculated as a percentage of the estate. That makes it difficult to know what anything costs before committing time to a meeting, and it means two families with identical work can pay very different amounts.
A flat fee is quoted in advance because the work in a simple, uncontested estate is predictable. The filings are known, the sequence is known, and the court's requirements do not change based on the size of the estate. Where the work is predictable, the price can be too.
The conditions on this page exist for the same reason. They are the line between predictable and not, published so you can check your own situation against them before anyone asks you for money.
Getting Started
The first call takes about ten minutes. It establishes which category your matter falls into, what documents you already have, and what the next step is.
Bring what you have — the will if there is one, the death certificate, and a rough sense of what the estate holds. Nothing has to be organized.
Call (516) 806-0762, or book a no-obligation call.
Key Takeaways
- Simple, uncontested probate and administration in Nassau and Suffolk County is $5,000 paid in advance, or $10,000 paid once the executor or administrator is appointed. Restrictions apply.
- The conditions that define "simple and uncontested" are published in full on this page, so you can check your own situation before calling.
- Surrogate's Court filing fees are set by statute and are separate — currently $45 to $1,250 or more, depending on the size of the estate.
- Property transfers and asset recovery are billed separately and quoted before any work begins.
- If your matter does not fit, a $299 consultation covers a full assessment, and is credited toward the legal fee if you move forward.
Frequently Asked Questions
How much does probate cost in Nassau or Suffolk County?
For a simple, uncontested matter that fits the conditions on this page, the fee is $5,000 paid in advance or $10,000 paid after the executor or administrator is appointed. Surrogate's Court filing fees are separate and are set by statute, currently $45 to $1,250 or more depending on the size of the estate. Restrictions apply.
What is the difference between probate and administration?
Probate is the proceeding used when the person left a will. Administration is used when they did not. The court process is similar in both, but the paperwork and the people who must be notified differ. The flat fee is the same for either, provided the matter is simple and uncontested.
Are the court filing fees included in the flat fee?
No. Surrogate's Court filing fees are set by statute and scale with the size of the estate, currently from $45 to more than $1,250. Every estate pays them regardless of which firm handles the matter. They are disclosed separately so the flat fee stays a true flat fee.
Why is there a higher price for paying later?
Many families have no access to estate funds until the executor or administrator is appointed, which is precisely the thing the proceeding accomplishes. The deferred option exists so a matter can move forward before that point. The difference reflects the delay and the risk carried in the meantime.
What if my situation does not fit the conditions?
Then the matter is either not simple or not uncontested, and it needs a real assessment before anyone can price it. That is a $299 consultation for 30 minutes, paid at booking and credited toward the legal fee if you move forward. If you are unsure which category applies, call and ask.
Is the $299 consultation refundable?
It is credited, not refunded. If you retain the firm for the matter, the $299 comes off the legal fee. If you decide not to proceed, you have still had 30 minutes of substantive assessment of your situation.
Do you handle probate outside Nassau and Suffolk?
The firm handles estate matters in Nassau, Suffolk, Queens, Kings, and New York counties. The flat fee described on this page applies specifically to Nassau and Suffolk. For estates in other counties, call and ask.
This page is attorney advertising and provides general information about New York law; it is not legal advice for your specific situation and does not create an attorney-client relationship. For advice about your circumstances, speak with a licensed New York attorney.