How Much Does an Executor Get Paid in New York?
Calculate how much an executor (personal representative) can charge for administering an estate. Fees vary by state law.
Frequently Asked Questions
New York sets executor compensation by statute.SCPA § 2307Verified Jul 14, 2026 The fee schedule is based on the gross value of the estate. Executors and beneficiaries may agree to a different amount, but the statutory schedule provides the default.
Yes. Executors in New York can waive their fee entirely or accept a reduced amount. Family members serving as executor often waive compensation, particularly when they are also beneficiaries of the estate. Waiving the fee reduces the overall cost of probate and increases the amount available for distribution to beneficiaries.
On estates under $100,000, co-executors divide one full commission. From $100,000 to under $300,000, each executor is entitled to a full commission, with the estate bearing at most 2 full commissions in total. At $300,000 or more, each executor is entitled to a full commission, with the estate bearing at most 3 full commissions in total. For estates of decedents dying after August 31, 1993, no more than 2 commissions are allowed when more than 2 executors serve, unless the will expressly provides otherwise. Executors may agree in writing to a different division, but no single executor may receive more than one full commission.N.Y. SCPA §§ 2307(5), 2313Verified Jul 25, 2026
New York requires executors to post a surety bond.SCPA §§ 710, 801, 805Verified Jul 14, 2026 The bond requirement can be waived in the will or by court order. The typical annual bond premium is approximately 0.5% of the estate value. The bond protects beneficiaries against executor misconduct or mismanagement.
An executor in New York is responsible for filing the will with the probate court, inventorying assets, notifying creditors, paying debts and taxes, and distributing remaining assets to beneficiaries.SCPA § 2307 (executor commissions, progressive: 5% first $100K / 4% next $200K / 3% next $700K / 2.5% next $4M / 2% over $5M), SCPA § 2110 (attorney compensation fixed by the court; no statutory percentage), SCPA § 2402(7) (graduated court petition fees: <$10K=$45, <$20K=$75, <$50K=$215, <$100K=$280, <$250K=$420, <$500K=$625, ≥$500K=$1,250), SCPA § 1301 (voluntary administration; $50K personal-property cap exclusive of the EPTL 5-3.1(a) set-off; no CPI adjustment; raised from $30K by Ch. 557, L. 2019 [S4951A], signed 2019-11-25), SCPA § 1302 (article inapplicable to real property, but ownership of real property does not prevent its use for personal property), SCPA § 1304 (no waiting period; affidavit + certified death certificate; $1 clerk fee; no bond), SCPA §§ 710/801/805 (bond), SCPA § 1408 (judicial probate — no informal/registrar track), SCPA § 1802 (7-month creditor claim period running from issue of letters; no publication trigger — Article 18 of the current SCPA begins at § 1802), 22 NYCRR § 207.20 (fiduciary/attorney self-reported Inventory of Assets — no court-appointed appraiser). Verified 2026-07-14 against live nysenate.gov and nycourts.gov primary sources.Verified Jul 14, 2026 The process typically takes 7-9 months for simple estates and 9-15 months on average. The 7-month creditor claim period sets a minimum timeline. The New York estate settlement plan outlines each step.
Executor fees and attorney fees are separate costs in New York probate. Attorney fees are based on reasonable compensation.SCPA § 2110 (reasonable compensation; no statutory percentage)Verified Jul 14, 2026 Executor compensation is calculated separately from attorney fees. Both fees are paid from the estate before distribution to beneficiaries. To estimate the attorney fee, use the New York probate attorney fee calculator.
Total probate costs in New York include executor fees, attorney fees, court filing fees, publication costs, and potentially bond premiums. Executor compensation is one component of the overall expense. On a $500,000 estate, the total runs about $37,867 — roughly 8% of estate value — depending on complexity.SCPA § 2307 (executor commissions, progressive: 5% first $100K / 4% next $200K / 3% next $700K / 2.5% next $4M / 2% over $5M), SCPA § 2110 (attorney compensation fixed by the court; no statutory percentage), SCPA § 2402(7) (graduated court petition fees: <$10K=$45, <$20K=$75, <$50K=$215, <$100K=$280, <$250K=$420, <$500K=$625, ≥$500K=$1,250), SCPA § 1301 (voluntary administration; $50K personal-property cap exclusive of the EPTL 5-3.1(a) set-off; no CPI adjustment; raised from $30K by Ch. 557, L. 2019 [S4951A], signed 2019-11-25), SCPA § 1302 (article inapplicable to real property, but ownership of real property does not prevent its use for personal property), SCPA § 1304 (no waiting period; affidavit + certified death certificate; $1 clerk fee; no bond), SCPA §§ 710/801/805 (bond), SCPA § 1408 (judicial probate — no informal/registrar track), SCPA § 1802 (7-month creditor claim period running from issue of letters; no publication trigger — Article 18 of the current SCPA begins at § 1802), 22 NYCRR § 207.20 (fiduciary/attorney self-reported Inventory of Assets — no court-appointed appraiser). Verified 2026-07-14 against live nysenate.gov and nycourts.gov primary sources.Verified Jul 14, 2026 Use the New York probate calculator for a complete cost estimate.
The New York statutory schedule for executor compensation is: 5% on the first $100K, 4% on the next $200K, 3% on the next $700K, 2.5% on the next $4M, 2% on amounts above $5M.SCPA § 2307Verified Jul 14, 2026 The fee applies to the gross value of the probate estate. Extraordinary services may warrant additional compensation as approved by the court.
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