New York Guardianship Filing Fee
Family Court: No Filing Fee
The single most important cost fact for kinship caregivers in New York: Family Court charges zero filing fees for guardianship and custody petitions. No index number fee. No motion fee. No petition fee. This applies statewide, in every county, for both guardianship petitions under FCA Section 661 and custody petitions under FCA Article 6.
This is not a waiver — it is the default. Family Court was specifically designed to be accessible to low-income families, and the legislature chose not to impose filing fees for these proceedings.
Surrogate's Court: $20 and Up
If you file in Surrogate's Court instead of Family Court, there is a fee. Under SCPA Section 2402(8)(a), the filing fee for a guardianship of the person petition is $20. This is a flat fee regardless of the county.
If the guardianship involves the child's property (inherited money, a personal injury settlement, or other assets), the fee follows the tiered estate schedule:
| Estate Value | Filing Fee |
|---|---|
| Under $10,000 | $45 |
| $10,000 – $19,999 | $75 |
| $20,000 – $49,999 | $215 |
| $50,000 – $99,999 | $280 |
| $100,000 – $249,999 | $420 |
| $250,000 – $499,999 | $625 |
| $500,000 and over | $1,250 |
Certified copies of Letters of Guardianship cost $6 each in Surrogate's Court. You will need several — one for the school, one for the doctor, one for benefits applications, and a few spares. Letters are valid for six months and can be reissued.
Fee Waivers for Low-Income Petitioners
In Surrogate's Court, petitioners who cannot afford the filing fee can apply for poor person relief under CPLR Article 11. File an ex parte motion with a financial affidavit listing your income, assets, and expenses. If granted, the court waives filing fees and certified copy charges.
The fee waiver does not cover commercial third-party expenses such as process-server or newspaper publication charges.
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The Bigger Cost Question: Lawyer or No Lawyer
For many kinship caregivers, the filing fee is the smallest line item. The bigger question is whether to hire a lawyer.
Filing without a lawyer (pro se): Most courthouses have self-help centers where staff can help with forms. For uncontested cases — where both parents consent or both are deceased — many grandparents handle the filing themselves successfully. Other out-of-pocket costs can include transportation, copying, service, or publication charges.
Hiring a private attorney: Attorney fees are separate from court filing fees. Ask the lawyer for a written estimate for the specific proceeding.
Free legal help: Indigent parents facing potential loss of custody have a statutory right to court-appointed counsel under FCA Section 262. Indigent nonparent relatives may qualify in specific contested circumstances, subject to financial eligibility. Legal Aid, Legal Services NYC, LawHelpNY, and the NYS Kinship Navigator (1-877-454-6111) connect caregivers with free legal assistance, though capacity constraints mean wait times can be long.
The Court Process Guide is designed for grandparents and relatives filing without a lawyer — it walks through the forms, the filing process, service of process, background checks, and the hearing step by step.
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