Section 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.
    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
   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.
    9. For filing:
                                                                  Fee Rate
  (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 tecum, 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 pg.
                                                            $64.00 minimum
    (c) for taxing bill of costs:                                   $15.00
    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.