What are the duties of an executor in New York?

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. The process typically takes 7-9 months for simple estates and 9-15 months on average (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.). The 7-month creditor claim period sets a minimum timeline.

How do executor fees compare to attorney fees in New York?

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)). Executor compensation is calculated separately from attorney fees. Both fees are paid from the estate before distribution to beneficiaries.

What is the New York statutory executor fee schedule?

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 § 2307). The fee applies to the gross value of the probate estate. Extraordinary services may warrant additional compensation as approved by the court.

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.

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Estate Value

Total value of estate assets before debts. Executor fees are calculated on gross value.

Calculate executor compensation

Select your state and enter the estate value to see what an executor can charge.

Examples:

Executor fees (also called personal representative compensation) are calculated on gross estate value. This calculator provides educational estimates only and does not constitute legal or financial advice. Executors may waive their fee. Family members serving as executor often do so without compensation. Consult a licensed attorney for guidance specific to your situation.

Frequently Asked Questions

New York sets executor compensation by statute. 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. 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. 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. 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. 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. The fee applies to the gross value of the probate estate. Extraordinary services may warrant additional compensation as approved by the court.

Executor Fees in New York

New York sets executor compensation by statute, providing a predictable fee schedule based on the gross estate value. The typical range is to of the estate. Executors can waive their fee or negotiate a different amount with beneficiaries.

In addition to executor fees, New York may require a surety bond (Yes). Bond premiums run approximately 0.5% of the estate value per year. The requirement is waivable (Yes), which reduces overall costs.

Attorney fees are a separate probate cost in New York. The attorney fee type is reasonable compensation. Together, executor and attorney fees account for the largest share of probate expenses. The New York estate settlement plan details each responsibility and the typical timeline.

The probate timeline in New York starts at 7 months for straightforward estates and can extend to 9 months or longer with complications. Executor fees are typically disbursed at final distribution.