If you are about to open an estate on Long Island, here is the direct answer: the Nassau County Surrogate’s Court charges a graduated filing fee that is set by the value of the estate under New York’s Surrogate’s Court Procedure Act (SCPA) § 2402 — there is no single flat number, and the fee rises in tiers as estate value increases. On top of that court fee, most families also pay attorney’s fees, which typically run from roughly $3,000 to $10,000 for an uncontested probate, plus smaller incidental costs such as certified copies of Letters and the death certificate. Because the court fee is value-based and subject to change, you should always confirm the exact figure with the Nassau County Surrogate’s Court or your counsel before you file. Below, the team at Morgan Legal Group breaks down each cost so you can budget with confidence.
How Probate Works in Nassau County
When a Long Island resident dies leaving a will, the will must generally be validated in the county Surrogate’s Court — for residents of Nassau County, that is the Nassau County Surrogate’s Court. The court’s job is to confirm the will is valid and to appoint the person named to administer the estate by issuing Letters Testamentary under SCPA § 1414. Those Letters are the legal authority the executor needs to access bank accounts, sell property, and otherwise act for the estate.
The basic sequence looks like this:
- File the Petition for Probate together with the original will and a certified copy of the death certificate.
- Establish jurisdiction over the distributees (the heirs who would inherit under intestacy). They either sign a waiver and consent or are served with a citation to appear.
- Obtain the decree. If no one files objections by the return date, the Surrogate signs a decree admitting the will to probate.
- Letters Testamentary issue, and the executor begins work.
- Administer the estate — the executor collects assets, pays valid debts and taxes, and distributes what remains to the beneficiaries.
If the executor needs authority before the will is fully admitted — for example, to secure a property or stop a foreclosure — the court can grant Preliminary Letters Testamentary under SCPA § 1412, which provide interim authority while the probate is pending. For a fuller walkthrough of each stage, see our Probate Overview and our Surrogate’s Court Guide.
The Court Filing Fee: Graduated by Estate Value (SCPA § 2402)
The single most important thing to understand about the Nassau County Surrogate’s Court filing fee is that it is graduated — set in tiers according to the dollar value of the estate, under SCPA § 2402. Smaller estates pay a modest fee; larger estates pay a higher one. Because these fees are statutory and periodically updated, we do not quote a fixed dollar amount here. Instead, you should:
- Calculate the gross value of the probate estate (assets passing under the will, not jointly held or beneficiary-designated assets).
- Match that value to the current fee tier published by the court.
- Confirm the exact amount with the Nassau County Surrogate’s Court Clerk or your attorney before filing.
This value-based structure means two families on Long Island can pay very different court fees depending on the size of the estate — even though the paperwork looks similar.
What an Estate Actually Costs on Long Island
The court filing fee is only one line item. Here is how the full cost picture usually breaks down for an uncontested Nassau County probate:
| Cost Component | Typical Range / Basis | Notes |
|---|---|---|
| Court filing fee (SCPA § 2402) | Graduated by estate value | Confirm current tier with the court |
| Attorney’s fees (uncontested) | ~$3,000 – $10,000 | Varies by complexity and estate size |
| Certified death certificate | Small per-copy fee | Required with the petition |
| Certified copies of Letters | Small per-copy fee | Banks and brokerages often require originals |
| Appraisals / accounting | Varies | Only if assets require valuation |
A few factors push costs higher: real estate that must be sold, business interests, out-of-state property, missing or hard-to-locate heirs, or a will contest. A contested matter is a different animal entirely — if objections are filed, costs and timelines expand significantly. Learn more on our Contested Probate page.
How Long Does It Take?
An uncontested probate in Nassau County generally takes about three to six months from filing to the issuance of Letters, assuming the distributees sign waivers promptly and the paperwork is in order. Delays usually come from heirs who must be served by citation, disputes over the will, or incomplete asset information. Once Letters issue, settling the estate — paying debts, filing any required tax returns, and distributing assets — can take additional months. Executors who want to understand their full responsibilities should review our Executor Duties guide.
Small Estates: A Lower-Cost Alternative
Not every estate needs full probate. New York offers a streamlined path called voluntary administration under SCPA Article 13, sometimes called the “small estate” procedure. It is handled by affidavit rather than a full petition and is generally faster and far less expensive than formal probate.
Keep two limits in mind:
- Voluntary administration applies only when the estate’s personal property falls under the statutory small-estate threshold.
- Real property is generally excluded from this procedure, so an estate that includes a Long Island home usually cannot use it.
If you think your loved one’s estate may qualify, our Small Estate Affidavit page explains how the process works and whether it fits your situation.
A Word on New York Estate Tax
Filing fees and attorney costs are separate from estate tax. For deaths in 2026, New York’s basic exclusion amount is $7,350,000 — estates below that figure generally owe no New York estate tax. Be careful of New York’s “cliff”: once a taxable estate exceeds 105% of the exclusion ($7,717,500), the exclusion is lost and the entire estate becomes taxable. Estates near this threshold should obtain tax counsel before filing.
Frequently Asked Questions
Is there one flat filing fee for Nassau County Surrogate’s Court?
No. The filing fee is graduated by the value of the estate under SCPA § 2402. Confirm the current tier with the court or your attorney before filing.
How much does a probate attorney cost on Long Island?
For an uncontested estate, attorney’s fees typically range from about $3,000 to $10,000, depending on complexity, estate size, and whether real estate or disputes are involved.
Can I get authority before the will is admitted?
Yes. The court can issue Preliminary Letters Testamentary under SCPA § 1412, giving the proposed executor interim authority while probate is pending.
Do small estates have to pay the full probate fee?
Often not. If the estate qualifies for voluntary administration under SCPA Article 13, it is handled by affidavit at lower cost — though real property is generally excluded.
Talk to a Long Island Probate Attorney
Every estate is different, and the difference between the right procedure and the wrong one can mean months of delay and thousands of dollars. The attorneys at Morgan Legal Group guide Nassau County families through probate, small estate administration, and contested matters from start to finish.
Schedule a consultation with Russel Morgan, Esq.: https://calendly.com/russel-morgan/30min
Further reading from Morgan Legal Group: what to ask a probate lawyer before hiring.