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 May 31, 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.
New York requires executors to post a surety bond.SCPA §§ 710, 801, 805Verified May 31, 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: 5% first $100K / 4% next $200K / 3% next $700K / 2.5% next $4M / 2% over $5M), SCPA § 2402(7) (graduated court petition fees: <$10K=$45, <$20K=$75, <$50K=$215, <$100K=$280, <$250K=$420, <$500K=$625, ≥$500K=$1,250), SCPA § 2402(9) ($150 objections/jury demand; $45 note of issue), SCPA § 1301 (voluntary administration, $50K personal-property cap, raised from $30K by Ch. 481 L. 2019 eff. 2019-11-25), SCPA § 1304 (no waiting period; file affidavit + death certificate immediately), SCPA § 1802 (7-month creditor claim period; runs automatically from issuance of letters; no publication required — former SCPA § 1801 repealed by Ch. 514, L. 1993). Verified 2026-05-31 via nysenate.gov primary sources.Verified May 31, 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 executor checklist 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 May 31, 2026 Executor compensation is calculated separately from attorney fees. Both fees are paid from the estate before distribution to beneficiaries.
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. The total typically ranges from 3-8% of the estate value depending on complexity. 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 May 31, 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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