§2401. Fees in the surrogate’s court; general provisions.
1. In the surrogate’s court fees for service, filing and other matters shall be as provided in this article to the exclusion of other statutory provisions unless expressly stated to the contrary.
2. The clerk of each surrogate’s court shall charge and receive for the services and matters herein set forth the fees indicated in this article which shall be payable in advance.
3. All fees shall be the property of the county unless otherwise provided by law.
4. Unless specifically indicated no fee is chargeable for motions made in a pending proceeding or for ex parte applications.
5. The fees in the surrogate’s court of each county of the state shall be the amount specified in the rate column for the service or matter indicated.
§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.
*So in original. Probably should be ”twenty-six”
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. Continue reading