If you are settling the estate of a loved one who lived in Yonkers, White Plains, New Rochelle, Mount Vernon, or anywhere else in the county, the cost of probate breaks down into two main parts: the court filing fee, which is graduated based on the size of the estate under SCPA §2402, and attorney’s fees, which typically run between $3,000 and $10,000 for an uncontested matter. Both proceedings flow through the Westchester County Surrogate’s Court, which has exclusive jurisdiction over the estates of decedents who were domiciled in the county at death. This guide explains exactly what you will pay, why the numbers vary, and how to confirm the precise filing fee for your estate in 2026.
Why Probate Happens in Westchester County Surrogate’s Court
New York probate is governed by the Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers and Trusts Law (EPTL). Each county has its own Surrogate’s Court, and venue follows the decedent’s domicile. A person who lived in Scarsdale or Rye at the time of death has their estate administered in the Westchester County Surrogate’s Court, not in New York County, Bronx, or any neighboring jurisdiction. This county-specific rule matters because filing logistics, calendaring, and the return dates for citations are all handled locally.
Probate is the court process that does two things: it validates the decedent’s will, and it formally appoints the executor by issuing Letters Testamentary — the document that gives the executor legal authority to act on behalf of the estate. Without Letters, no bank, brokerage, or title company will release a single asset. For a broader walkthrough of the process from start to finish, see our probate overview.
The Two Cost Categories in Westchester Probate
1. Court Filing Fees (SCPA §2402)
The fee you pay to file a Petition for Probate in Westchester County is set by SCPA §2402 and is graduated according to the total value of the estate. Larger estates pay a higher filing fee; very small estates pay a modest one. Because the statutory fee schedule is periodically updated and is keyed to estate value, we do not quote a specific dollar figure here — quoting an outdated number helps no one. Confirm the current fee for your estate’s value directly with the court or with your attorney before you file.
What you should understand about the filing fee:
- It is based on the gross value of the estate, not the net value after debts.
- It is a one-time fee paid when the Petition for Probate is filed.
- It is separate from and in addition to attorney’s fees.
- Certified copies of Letters Testamentary, which you will need for each financial institution, carry their own per-copy charge.
For the official, current fee schedule, consult the New York State Unified Court System or review the statute itself at the New York State Senate.
2. Attorney’s Fees
For an uncontested Westchester probate, attorney’s fees generally range from $3,000 to $10,000. The figure depends on factors such as:
- Whether all distributees (the heirs who would inherit if there were no will) sign waivers and consents, or whether a citation must be issued and served.
- The number and complexity of assets to be marshaled.
- Whether the will faces any objection.
- Whether estate or income tax filings are required.
A clean estate where every distributee consents sits at the lower end; an estate requiring citation, service, and a contested return date moves toward the higher end.
The Probate Process, Step by Step
Understanding the sequence helps you anticipate where costs arise:
- File the Petition for Probate with the original will and a certified copy of the death certificate in the Westchester County Surrogate’s Court.
- Obtain jurisdiction over the distributees — either by collecting signed waivers and consents, or, if any heir will not consent, by serving a citation that compels them to appear on a return date.
- The decree of probate is signed by the Surrogate on the return date if no objections are filed.
- Letters Testamentary issue under SCPA §1414, granting the executor authority to act.
- The executor administers the estate — collecting assets, paying valid debts and taxes, and distributing the remainder to beneficiaries.
If the executor needs authority before probate is complete — for example, to secure a property in Mount Vernon or stop the bleeding on an urgent estate obligation — the court can issue Preliminary Letters Testamentary under SCPA §1412. These grant interim powers while the full probate proceeding is pending. To understand what comes next once Letters are in hand, read our guide to executor duties.
For a deeper look at how the local court operates and what to expect on your return date, see our Surrogate’s Court guide.
A Faster, Cheaper Path: Small Estate Administration
Not every estate needs full probate. If the decedent’s personal property is modest, the estate may qualify for voluntary administration under SCPA Article 13 — often called the small estate affidavit procedure. This is a streamlined, affidavit-based process that is faster and far less expensive than full probate. A key limitation: real property is generally excluded from Article 13, so an estate that includes a house in Yonkers or New Rochelle usually cannot use this shortcut for that asset. Learn whether you qualify on our small estate affidavit page.
Timeline and the New York Estate Tax
An uncontested Westchester probate typically takes three to six months from filing to distribution, depending on how quickly distributees consent and how complex the assets are. A contested matter can take considerably longer.
Separately from probate fees, larger estates may owe New York State estate tax. For 2026, the basic exclusion amount is $7,350,000. New York applies a “cliff”: if an estate exceeds 105% of the exclusion — $7,717,500 in 2026 — the exclusion is lost entirely and the tax applies to the full estate, not just the excess. Estate tax is a distinct obligation from court filing fees; confirm current figures with the New York State Department of Taxation and Finance.
Quick Reference: Westchester Probate Costs
| Cost Item | What It Covers | Notes |
|---|---|---|
| Court filing fee (SCPA §2402) | Filing the Petition for Probate | Graduated by estate value; confirm current amount with the court |
| Attorney’s fees | Preparing and prosecuting the petition | ~$3,000–$10,000 uncontested |
| Certified copies of Letters | Proof of executor authority for banks/brokerages | Per-copy charge |
| Small estate (SCPA Art. 13) | Voluntary administration for modest estates | Faster; real property generally excluded |
| NY estate tax | Estates over the exclusion | $7,350,000 exclusion; cliff at $7,717,500 (2026) |
Frequently Asked Questions
How much is the filing fee in Westchester County Surrogate’s Court?
The filing fee is set by SCPA §2402 and is graduated based on the total value of the estate — larger estates pay more. Because the schedule is keyed to estate value and updated periodically, confirm the exact amount for your estate with the court or your attorney before filing.
Are attorney’s fees separate from the court filing fee?
Yes. The SCPA §2402 filing fee is paid to the court. Attorney’s fees — generally $3,000 to $10,000 for an uncontested estate — are separate and depend on the estate’s complexity.
How long does probate take in Westchester County?
An uncontested probate usually takes about three to six months from filing to distribution. Contested matters or estates requiring citation and service of distributees take longer.
Can I avoid full probate to save on fees?
Possibly. If the estate’s personal property is modest, voluntary administration under SCPA Article 13 (the small estate affidavit) is faster and cheaper — but real property is generally excluded from that process.
Talk to a Westchester Probate Attorney
Filing fees, attorney costs, and tax exposure all turn on the specific facts of your estate. Russel Morgan, Esq. and the team at Morgan Legal Group guide Westchester families through every stage of Surrogate’s Court — from the initial petition to the issuance of Letters Testamentary and final distribution.
Schedule your 30-minute consultation with Russel Morgan, Esq. to get a clear, estate-specific picture of what your Westchester probate will cost.
Further reading from Morgan Legal Group: ways to keep an estate out of probate.