Know What Your Court Costs Will Be
When a loved one has died and it is time to turn to the surrogate’s court with the help of your Westchester County estate attorney, there are all sorts of different types of fees that you will have to pay. These fees relate to many different aspects of the case, from filing the initial paperwork to contesting the will. To make matters even more complicated, there are some fees that are different depending on the size of the estate while others are fixed, meaning they are the same no matter how large the estate is. Here is a rundown of the most common types of court fees that you may see in a Westchester surrogate’s court matter.
Every estate that goes before the surrogate court will have to have an initial filing, a petition to commence a probate proceeding. The fee that goes with this petition changes depending on the value of the estate, meaning that estates that are not worth very much will not have to pay as much as those estates that are worth a lot. The current fee schedule is as follows:
Estate Size-Based Probate Fee
Under $10,000 $45.00
Over $500,000 $1250.00
However, when a will is contested or there are other legal proceedings involving probate, there are dozens of additional fees which can be charged, depending on the circumstances. These fees are fixed, meaning that they are the same no matter the size of the estate. Some of the more common fees that would be charged by the surrogate’s court would be things like applications to make the executor resign ($30.00), an application for an order to open a safe deposit box ($20.00), a petition asking for an accounting ($30.00), an objection to probating a will ($150.00) or a demand for a jury trial ($150.00). It needs to be kept in mind that this is not an exhaustive list and there could be fees for all sorts of things, including making certified copies of a will or other legal papers such as the letters testementary.
The total costs that would have to be paid to the court would really depend on the individual situation involving that estate. A small, simple estate where no one disagrees will not involve as many types of legal proceedings, meaning that the amount of fees which will have to go to the court won’t be extremely high. However, if you have an estate which is extremely large and is also being contested, the court fees will add up to be thousands.
If you are dealing with an estate in Westchester County, the best thing to do is to hire a Westchester estate attorney to assist you from the beginning so that you know what the proper fees are for each part of your probate case. Sending papers with the wrong fee will most likely get them rejected, which could cause major issues if there is something time sensitive involved. Having proper representation is the surest way to ensure the proper fee is paid every time. If you are looking for a Westchester County estate attorney, call the Law Offices of Albert Gurevich at (914) 293-2043.