What's happening
This bill increases court filing fees for estates over $500,000, adding higher fee tiers for larger estates in New York.
Why it matters
Significantly higher costs for larger estates. The bill introduces new, sharply increased filing fees for estates valued above $750,000, with the highest tier ($5 million and over) paying $10,000—an eightfold increase compared to the previous flat rate for large estates. This creates a much steeper cost curve for wealthier estates.
Increased revenue for court administration. Higher filing fees on larger estates may generate substantial new funding for the court system or other public uses, potentially easing budget constraints or funding improvements in the probate process.
Potential impact on estate planning and settlement. The new fee structure could influence how individuals structure their assets and plan their estates, possibly encouraging alternative approaches to asset transfer (like trusts) to avoid higher probate fees.
Equity and fairness considerations. By making the wealthiest estates pay substantially more, the bill shifts more of the administrative cost burden to those most able to pay, raising questions about fairness, access to the courts, and whether the fees might discourage some from pursuing probate actions.
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Who cares
Headline styles
Increase Estate Fees
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
2 Co-sponsors
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4952
2019-2020 Regular Sessions
IN SENATE
April 2, 2019
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the surrogate's court procedure act, in relation to establishing new fee rates for large estates
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 7 of section 2402 of the surrogate's court procedure act, as amended by section 30 of part J of chapter 62 of the laws of 2003, is amended to read as follows:
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] but under 750,000 .................... 1,250.00
750,000 but under 1,000,000 ............................. 3,000.00
1,000,000 but under 2,000,000 ........................... 5,000.00
2,000,000 but under 5,000,000 ........................... 7,500.00
5,000,000 and over ...................................... 10,000.00
§ 2. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to actions and proceedings commenced on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10033-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the surrogate's court procedure act, in relation to establishing new fee rates for large estates
Purpose or general idea of bill
This bill would amend the filing fee schedule for the value of estates, ranging from estates less than $10,000 to estates that are worth $5,000,000 and over.
Summary of provisions
Section 1: Amends Subdivision 7 of the section 2402 of the Surrogate's Court procedure act by adding more brackets to the filing fee schedule for estates, capping at $5,000,000.
Section 2: The effective date of this bill.
Justification
Under current law, the filing fee rate charged to estates by the surro- gate court is determine by a fee schedule, which caps at $1,250 for all estates over $500,000. This cap is far too low and treats, for purposes of charging fees, estates worth $500,000 the same as those worth $50,000,000. This bill seeks to the make the fee schedule more progres- sive by adding several new brackets past the original cap, including a new filing fee cap of $10,000 for estates worth $5,000,000 and over.
Prior legislative history
New Bill
Fiscal implications for state and local governments
Increased revenue for surrogates courts through new higher fee brackets in the fee schedule.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law and shall apply to actions and proceedings commenced on or after such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.