If you are settling a loved one’s estate on Long Island, the cost to probate a will at the Nassau County Surrogate’s Court has two main parts: a graduated court filing fee that scales with the size of the estate under the Surrogate’s Court Procedure Act (SCPA) §2402, and attorney’s fees that typically range from about $3,000 to $10,000 for an uncontested matter. New York does not charge a single flat probate fee — the more an estate is worth, the higher the court’s filing fee tier. Below, the Long Island probate team at Morgan Legal Group breaks down exactly what you should budget for, where each cost comes from, and how the process works in Nassau County.
What Probate Is and Where It Happens in Nassau County
Probate is the court-supervised process of proving that a will is valid and granting the named executor the legal authority to act. In New York, probate is governed by the SCPA and the Estates, Powers and Trusts Law (EPTL), and every case is heard in the Surrogate’s Court of the county where the decedent lived. For a Long Island resident of Mineola, Hempstead, Garden City, Levittown, Glen Cove, or anywhere else in the county, that means the Nassau County Surrogate’s Court.
Once the court is satisfied the will is valid, it issues Letters Testamentary under SCPA §1414 — the document that proves the executor’s authority to banks, brokerages, and title companies. Without Letters, an executor cannot legally collect accounts, sell real estate, or distribute assets.
For an overview of how the entire process fits together, see our Probate Overview and our Nassau County Surrogate’s Court Guide.
The Two Categories of Probate Cost
It helps to think of probate cost in two buckets: court costs (paid to the Surrogate’s Court) and professional fees (paid to your attorney and any appraisers or accountants).
1. Court Filing Fees — Graduated by Estate Value (SCPA §2402)
New York’s probate filing fee is graduated, meaning it is set in tiers based on the value of the estate passing through probate. A small estate pays a modest filing fee; a multimillion-dollar estate pays a substantially higher one. The statutory authority is SCPA §2402.
Because these fee tiers are set by statute and periodically updated, we deliberately do not quote a specific dollar figure here — an outdated number could cause you to budget incorrectly. Always confirm the current filing fee directly with the Nassau County Surrogate’s Court or with your attorney before filing.
| Cost Item | What It Covers | Who Sets It |
|---|---|---|
| Probate filing fee | Filing the Petition for Probate | Graduated by estate value — SCPA §2402 |
| Certified copies of Letters | Proof of executor authority for banks/title | Per-copy court fee |
| Certified death certificate(s) | Required with the petition | NY Dept. of Health / local registrar |
| Citation / service costs | When a distributee won’t sign a waiver | Court + process server |
Tip: Order multiple certified copies of the Letters Testamentary at the outset. Each bank, brokerage, and title company usually wants its own original, and ordering them upfront is cheaper than going back later.
2. Attorney’s Fees
For an uncontested Nassau County probate, attorney’s fees commonly run about $3,000 to $10,000, depending on the estate’s complexity — the number of beneficiaries, whether real property must be sold, whether tax returns are required, and whether any heirs are hard to locate. A clean estate with cooperative heirs and a properly executed will sits at the lower end; an estate with out-of-state property, business interests, or missing distributees costs more.
If the will is challenged, costs rise significantly. Learn what’s involved in our guide to Contested Probate.
The Nassau County Probate Process, Step by Step
The steps are the same statewide, but understanding them helps you anticipate where costs arise:
- File the Petition for Probate, the original will, and a certified death certificate with the Nassau County Surrogate’s Court. This is when the graduated SCPA §2402 filing fee is paid.
- Obtain jurisdiction over the distributees (the heirs who would inherit under intestacy law). They either sign waivers and consents or are formally served with a citation to appear.
- The court issues a decree admitting the will to probate on the return date, assuming no objections are filed.
- Letters Testamentary issue under SCPA §1414, giving the executor authority to act.
- The executor administers the estate — collecting assets, paying valid debts and taxes, and distributing what remains to the beneficiaries.
For a deeper look at the executor’s responsibilities once Letters are issued, read Executor Duties.
Need Authority Faster? Preliminary Letters
If assets need to be protected immediately — a mortgage to pay, a business to keep running, a perishable asset — the court can grant Preliminary Letters Testamentary under SCPA §1412. This gives the named executor interim authority while the full probate is still pending, which can be invaluable when probate is moving slowly or a dispute is brewing.
A Faster, Cheaper Path: Small Estates
Not every estate needs full probate. If the personal property passing under the will is modest, the estate may qualify for voluntary administration (the “small estate” procedure) under SCPA Article 13. Instead of a full petition, a voluntary administrator files an affidavit and supporting documents. It is faster and less expensive than formal probate.
The key limitation: real property is generally excluded from the small-estate process. If the decedent owned a Long Island home in their sole name, voluntary administration usually will not work, and full probate is typically required. See our Small Estate Affidavit page to learn whether your situation qualifies.
How Long Does Nassau County Probate Take?
An uncontested Nassau County probate generally takes about three to six months from filing to distribution, depending on the court’s calendar, how quickly heirs return their waivers, and the complexity of the assets. Contested matters, missing heirs, or estates requiring tax filings can take considerably longer.
What About Estate Taxes?
Filing fees and estate taxes are different things. New York estate tax applies only to larger estates. For 2026, the New York basic exclusion amount is $7,350,000. New York also has a so-called “cliff”: if the taxable estate exceeds 105% of the exclusion — $7,717,500 — the exclusion is lost entirely and the whole estate becomes taxable, not just the amount over the threshold. Estates near that line should get planning advice promptly, because crossing the cliff can be extremely costly. You can review current figures at the New York State Department of Taxation and Finance.
Frequently Asked Questions
Q: How much is the Nassau County Surrogate’s Court probate filing fee?
A: It is graduated by the value of the estate under SCPA §2402 — there is no single flat fee. A small estate pays much less than a large one. Confirm the current fee with the Nassau County Surrogate’s Court or your attorney before filing.
Q: How much will an attorney charge to probate a will on Long Island?
A: For an uncontested estate, attorney’s fees typically range from about $3,000 to $10,000, depending on complexity, the number of heirs, real property, and tax filings.
Q: Can I avoid full probate for a small estate in Nassau County?
A: Possibly. If the personal property is modest, you may use voluntary administration under SCPA Article 13, which is faster and cheaper. However, real property is generally excluded, so estates with a solely owned home usually still require full probate.
Q: How long does probate take in Nassau County?
A: An uncontested matter usually takes about three to six months. Disputes, missing heirs, or tax issues can extend that timeline.
Speak With a Long Island Probate Attorney
Every estate is different, and Nassau County’s graduated filing fees, citation requirements, and small-estate options can be difficult to navigate alone. The probate team at Morgan Legal Group, led by Russel Morgan, Esq., helps Long Island families move through the Nassau County Surrogate’s Court efficiently while controlling costs.
Ready to get clear on your numbers and your next steps? Schedule a 30-minute consultation with Russel Morgan, Esq.
Further reading from Morgan Legal Group: ways to keep an estate out of probate.