§ 2302. Award of costs and allowances

1. Upon a motion the court may award costs to any party in such
amount as it determines not exceeding $20 to each party, except in
counties within the City of New York, where such amount shall not exceed
$40.

2. Upon rendering a decree or in granting or denying an application
to vacate a decree the court may award as costs such sum as it deems
reasonable to the petitioner and to any other party who has succeeded in
whole or in part in a contest or whose attorney, in the absence of a
contest, has rendered services of substantial benefit to him, her or it,
or to the estate, not exceeding

(a) in counties within the City of New York:

(i) $100 where there has not been a contest, or

(ii) $300 where there has been a contest and $300 for each day, less
one, necessarily occupied in the trial or hearing and in addition $100
for each day necessarily occupied in preparing therefore and $100
additional if a motion for a new trial is granted.

(b) in all other counties:

(i) $50 where there has not been a contest, or

(ii) $150 where there has been a contest and $150 for each day, less
one, necessarily occupied in the trial or hearing and in addition $50
for each day necessarily occupied in preparing therefore and $50
additional if a motion for a new trial is granted.

3. In a contested probate proceeding:

(a) Costs payable out of the estate or otherwise may be awarded (1) to
an unsuccessful contestant only if he, she or it be a guardian ad litem
or guardian, committee or conservator of a person under disability; (2)
to an unsuccessful proponent named as executor in the will when
propounded by him, her or it in good faith as the last will of the
decedent; and (3) to a person named as executor in a prior will on file
in the court that is not admitted to probate when such person
participates in the proceeding in good faith. Such nominated executor,
guardian ad litem, guardian, committee or conservator, whether
successful or not may be awarded costs and an allowance in such sum as
the court deems reasonable for his, her or its counsel fees and other
expenses incurred in the contest or attempt to sustain the will. The
court may direct that such costs and allowances in whole or in part be
payable by an unsuccessful contestant except that an award of the
successful proponent's counsel's fees may only be allowed where the
court finds that the contest was brought in bad faith or was frivolous.

(b) Either before or after the decree granting probate the court may
order that a copy of the minutes of the trial be furnished to a
contestant for the purposes of appeal and charge the expense thereof
initially to the estate if satisfied that the contest is in good faith.
If the contestant be unsuccessful upon the appeal and he, she or it is
not the guardian of an infant, the committee of an incompetent, the
conservator of a conservatee or a guardian ad litem he, she or it shall
refund to the estate any amount so paid by the estate for the minutes.

4. In a proceeding for probate of a will when the public
administrator or county treasurer has been directed to probate a will or
continue the proceedings for the probate thereof, the court may award to
either of them such sum as it deems reasonable for his, her or its
counsel fees and other expenses necessarily incurred therein.

5. After appeal, pursuant to the direction of the appellate court the
court may award a fiduciary such sum as it deems reasonable for counsel
fees and other expenses necessarily incurred on the appeal.

6. In a proceeding to construe a will or after appeal in such a
proceeding, pursuant to the direction of the appellate court the court
may award to a fiduciary or any party to the proceeding such sum as it
deems reasonable for his, her or its counsel fees and other expenses
necessarily incurred in the proceeding or on the appeal.

7. Upon a final or intermediate judicial settlement a fiduciary may
be awarded for his, her or its expenses and counsel fees such sum as the
court deems reasonable not exceeding:

(a) within the counties of the City of New York: $100 for each day
necessarily occupied in preparing the account and in drawing, entering
and executing the decree. Any sum so awarded may be in addition to any
costs, allowances or commissions otherwise authorized and awarded by the
court.

(b) in all other counties: $ 50 for each day necessarily occupied in
preparing the account and in drawing, entering and executing the decree.
Any sum so awarded may be in addition to any costs, allowances or
commissions otherwise authorized and awarded by the court.

8. In a proceeding for disposition of real property a fiduciary may
be awarded out of the proceeds of sale his, her or its commissions and
such sum as the court deems reasonable for counsel fees and expenses
necessarily incurred in the proceeding.