If you are about to probate a will in Brooklyn, here is the short answer: the Kings County Surrogate’s Court filing fee is not a flat charge — it is a graduated fee set by the gross value of the estate under Section 2402 of the Surrogate’s Court Procedure Act (SCPA §2402). Smaller estates pay a modest filing fee, while larger estates pay more, on a sliding scale that climbs as the estate’s value rises. Because the statutory fee schedule is periodically adjusted, you should always confirm the current filing fee directly with the Kings County Surrogate’s Court or with your probate attorney before you file. This article explains how that fee works, what it does and does not cover, and what the total cost of obtaining Letters Testamentary in Brooklyn typically looks like in 2026.
What the Filing Fee Actually Is
When an executor opens a probate proceeding, the court charges a one-time filing fee to accept and process the Petition for Probate. This is a court cost — separate from attorney’s fees, separate from the executor’s commission, and separate from any costs of administering the estate.
Under SCPA §2402, the fee is graduated by the value of the estate. The principle is simple: the more an estate is worth, the higher the filing fee. The statute groups estates into value brackets, and each bracket carries its own fee. A small estate worth a few thousand dollars sits at the bottom of the schedule; a multi-million-dollar estate sits near the top.
Important: We deliberately do not publish a specific dollar amount here. The SCPA §2402 schedule is set by statute and adjusted over time, and quoting a stale number does more harm than good. Confirm the exact, current fee for your estate’s value bracket with the Kings County Surrogate’s Court clerk or your attorney before filing. You can review the statute itself on the New York State Senate website and find court information through nycourts.gov.
How the Graduated Fee Is Determined
The filing fee bracket is tied to the value of the estate as stated in the probate petition. In practice, that means:
- Estate value drives the fee. The clerk looks at the gross value reported in the petition to place your filing in the correct SCPA §2402 bracket.
- Higher value = higher fee. Fees increase step-by-step as estate value crosses each statutory threshold.
- It is a one-time charge. The filing fee is paid when you submit the petition, not repeatedly throughout the case.
If you are unsure how to value the estate for filing purposes, this is one of the first things our team works through with executors. An incorrect valuation can place your petition in the wrong fee bracket and slow down acceptance. For a fuller walkthrough of how a Brooklyn probate case moves through the court, see our Surrogate’s Court guide.
The Filing Fee Is Only Part of the Total Cost
Many executors assume the filing fee is the whole bill. It is not. The filing fee is usually one of the smaller line items in a probate. Here is how the typical costs break down for a Brooklyn estate:
| Cost Item | What It Covers | Set By |
|---|---|---|
| Filing fee | Court’s charge to open the probate proceeding | Statute — SCPA §2402, graduated by estate value |
| Certified copies / Letters | Certified copies of Letters Testamentary the executor needs to act | Court fee per copy |
| Attorney’s fees | Preparing the petition, securing jurisdiction, obtaining Letters | Agreement with counsel |
| Citation / service costs | Serving heirs who do not sign waivers | Varies by number of parties |
| Miscellaneous | Death certificates, recording, mailings, publication if required | Varies |
For most uncontested Brooklyn estates, the all-in cost to obtain Letters Testamentary typically runs from roughly $3,000 to $10,000, depending on the size and complexity of the estate, how many heirs must be served, and whether anyone contests. The statutory filing fee is a piece of that total — not the total itself.
The Probate Steps That Trigger the Fee
The filing fee is paid at the start of the probate process. Here is where it fits in the overall sequence in Kings County:
- File the Petition for Probate, along with the original will and a certified death certificate. The filing fee is paid at this stage.
- Establish jurisdiction over the heirs — either by collecting signed waivers and consents from the distributees, or by issuing a citation to those who do not sign so they can appear on a return date.
- The Surrogate issues a decree granting probate on the return date once jurisdiction is complete.
- Letters Testamentary issue under SCPA §1414, giving the executor the legal authority to collect assets, pay debts, and distribute the estate.
If the estate needs someone to act before the will is fully admitted — for example, to secure property or pay urgent bills — the court can grant Preliminary Letters Testamentary under SCPA §1412, which carry their own filing requirements. For a step-by-step overview of the whole proceeding, start with our probate overview, and review what the role demands in our guide to executor duties.
When You May Avoid the Standard Filing Fee Entirely
Not every estate needs a full probate. If the decedent left personal property valued at $50,000 or less (excluding certain exempt items), the estate may qualify for voluntary administration — the small estate procedure under SCPA Article 13. This is handled by an affidavit rather than a full probate petition, and it carries a much lower court fee and a far simpler process. If you think the Brooklyn estate may qualify, read our overview of the small estate affidavit process before paying for a full proceeding you may not need.
How Long Does It Take?
An uncontested probate in Kings County generally takes about three to six months from filing to issuance of Letters, assuming the heirs cooperate and the paperwork is clean. Delays usually come from missing waivers, hard-to-locate heirs, or objections to the will. A genuinely contested case can take far longer and cost considerably more — if you are facing a will challenge, see our resource on contested probate.
Frequently Asked Questions
Is the Kings County filing fee a flat fee?
No. Under SCPA §2402 the fee is graduated by the value of the estate — larger estates pay more. Confirm the current amount for your bracket with the court or your attorney.
Does the filing fee include attorney’s fees?
No. The filing fee is only the court’s charge to open the case. Attorney’s fees, certified copies, and service costs are separate, and together they make up the typical $3,000–$10,000 cost of obtaining Letters Testamentary.
Can I avoid the probate filing fee with a small estate?
Possibly. If the estate’s personal property is $50,000 or less, you may use voluntary administration under SCPA Article 13, which uses a simple affidavit and a much lower fee than full probate.
Where do I confirm the exact current fee?
Contact the Kings County Surrogate’s Court clerk directly, or review SCPA §2402 on nysenate.gov and court information on nycourts.gov. Your probate attorney can also confirm the precise fee for your estate’s value.
Talk to a Brooklyn Probate Attorney
Filing fees are the easy part — placing the estate in the right bracket, securing jurisdiction over the heirs, and getting Letters issued quickly is where experience pays off. Russel Morgan, Esq. and the team at Morgan Legal Group guide Brooklyn executors through every step of the Kings County Surrogate’s Court process. Schedule a 30-minute consultation with Russel Morgan here, or call (888) 529-1315 to get started today.
Further reading from Morgan Legal Group: what to ask a probate lawyer before hiring.