§ 2402. Fees. Amount of\n 1. Probate. Upon filing a petition to commence a proceeding for\nprobate of a will the fee shall be as shown by the following schedule\ncomputed initially upon the gross estate passing by will as stated in\nthe petition; provided however that in a proceeding for ancillary\nprobate of a will the fee shall be computed only upon the property\nwithin the state passing under such will and provided that in all cases\nif the value of the estate so passing as subsequently shown by a tax\nreturn filed under article twenty six of the tax law, by a proceeding\nunder such article, by any proceeding in surrogate's court involving\nsuch estate, or by such papers or documents in connection with such\nestate as court rules may require to be filed with the court, exceeds\nthe value originally stated and upon which the fee was paid, then an\nadditional probate fee shall be immediately payable. Such additional fee\nshall be the difference between the fee based on the value subsequently\nshown and the fee which was initially paid. In the event that the value\nof the estate so passing as subsequently shown is less than the value\noriginally stated and upon which the fee was paid, then a refund shall\nbe made which shall be the difference between the fee initially paid and\nthe fee based on the actual value subsequently shown.\n The fee paid in a probate or ancillary probate proceeding includes all\ncharges except if probate be contested, fees as required for filing\nobjections, demand for jury trial or for filing note of issue shall be\npayable.\n 2. Administration. Upon filing a petition to commence a proceeding for\nadministration in intestacy the fee shall be as shown by the following\nschedule based initially upon the gross estate passing by intestacy as\nstated in the petition; provided however that if the value of the estate\nso passing as subsequently shown by a tax return filed under article\ntwenty-six of the tax law, by a proceeding under such article, by any\nproceeding in surrogate's court involving such estate, or by such papers\nor documents in connection with such estate as court rules may require\nto be filed with the court, exceeds the value originally stated and upon\nwhich the fee was paid, then an additional fee shall be immediately\npayable. Such additional fee shall be the difference between the fee\nbased on the value subsequently shown and the fee which was initially\npaid. In the event that the value of the estate so passing as\nsubsequently shown is less than the value originally stated and upon\nwhich the fee was paid, then a refund shall be made which shall be the\ndifference between the fee initially paid and the fee based on the\nactual value subsequently shown.\n 3. Accounting. (a) Upon filing a petition to commence a proceeding for\nan accounting the fee shall be as shown by the following schedule based\non the gross value of assets accounted for including principal and\nincome. Where more than one account is filed under a single petition the\nfee shall be based separately on the gross value of each separate fund\nor trust accounted for.\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, upon filing a petition to commence an accounting proceeding\nfor a lifetime trust or upon filing a petition for an accounting in a\nconservatorship proceeding, the fee shall be the same as that which is\npayable in the supreme court pursuant to section eight thousand eighteen\nof the civil practice law and rules.\n 4. Instruments settling accounts. For filing an instrument which\nreleases and discharges a fiduciary but does not contain any statement\nof account, no fee shall be charged. For recording any such instrument,\nthe fee shall be six dollars per page or part thereof. Upon filing or\nrecording an instrument pursuant to section 2202, the fee shall be as\nshown by the following schedule based on the gross value of assets\naccounted for including principal and income, and
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