How much does an executor get paid in New York?

Under SCPA 2307, an executor's commission is 5% of the first $100,000, 4% of the next $200,000, 3% of the next $700,000, 2.5% of the next $4,000,000, and 2% above $5,000,000 of the estate's value. On a $1,000,000 estate, that's $34,000. The commission covers both receiving and paying out the estate's assets, computed at half the listed rate for each side.

Does the New York executor commission rate apply once or twice?

Once, in total. SCPA 2307 describes the schedule as covering money the executor both receives and pays out, but the commission is computed at one-half the statutory rate for receiving and one-half for paying out - together equaling the single listed rate, not double it.

Can a New York executor waive the will's stated compensation?

Where a will specifies a fiduciary's compensation, they are not entitled to any other allowance unless, by an instrument filed with the court within 4 months of the date of their letters, they renounce the specific compensation and elect the statutory commission instead.

Can a New York executor waive their commission entirely?

Yes. Nothing in SCPA 2307 requires an executor to claim the commission; they can simply decline it or accept a reduced amount, often documented in writing to avoid later disputes.

Is the New York executor commission taxable?

Yes - compensation is taxable income under federal law regardless of state. A one-time family executor reports it as other income with no self-employment tax, while a professional or repeat fiduciary owes the additional 15.3% self-employment tax.

New York Executor Fee Calculator, Free

How the New York executor commission actually works

New York's schedule is one of the oldest and most detailed in the country, with genuinely unusual rules for rental income and multiple fiduciaries.

1. The tiered schedule

SCPA § 2307(1): for receiving and paying out estate sums, 5% of the first $100,000, 4% of the next $200,000, 3% of the next $700,000, 2.5% of the next $4,000,000, and 2% above $5,000,000. The commission is computed separately for receiving and paying out, at one-half the listed rate for each side — together equaling the full listed rate, not double it.

2. What counts, and what doesn't

§ 2307(2): the value of property received, distributed, or delivered counts as money for this calculation — except a specific legacy or devise, and September 11th Victim Compensation Fund awards, which are valued at zero.

3. An additional 5% for handling real property rentals

§ 2307(6): a fiduciary who collects rents and manages real property may retain an additional 5% of the gross rents collected, on top of the regular commission — but only one such additional commission total, regardless of how many fiduciaries are serving, apportioned among them by services rendered or written agreement.

4. Renouncing the will's stated amount: a strict 4-month window

§ 2307(5): "Where the will provides a specific compensation to a fiduciary... he is not entitled to any allowance for his services unless by an instrument filed with the court within 4 months from the date of his letters he renounces the specific compensation." Miss that window, and the will's stated amount is all the executor gets — no statutory commission as a fallback.

5. Attorney-drafted wills: a disclosure regime with an automatic penalty

SCPA § 2307-a: when an attorney (or someone at their firm) drafts a will naming themselves as executor, the testator must be informed beforehand — and sign a specific written acknowledgment — that anyone is generally eligible to serve as executor, that an executor is entitled to statutory commissions, and that legal fees for the attorney's separate work are additional. Without that signed acknowledgment, the attorney-executor's commission is automatically cut to one-half of what they'd otherwise receive.

Tier	Rate
First $100,000	5%
Next $200,000	4%
Next $700,000	3%
Next $4,000,000	2.5%
Above $5,000,000	2%

New York executor fee — frequently asked questions

How much does an executor get paid in NYC?

The SCPA § 2307 schedule applies statewide, including all five boroughs. On a $1,000,000 estate, the statutory commission is $34,000 - the same formula regardless of county or borough.

Is the commission based on gross or net estate value?

It's based on principal and income the fiduciary actually accounts for, including the value of property received or distributed - but specific bequests and September 11th Victim Compensation Fund awards are excluded entirely.

What if I manage a rental property as executor?

You can retain an additional 5% of the gross rents collected, on top of the regular commission - but only one such additional commission total, even with multiple executors.

What happens if I miss the 4-month renunciation window?

If the will specifies compensation and you don't file a renunciation within 4 months of receiving your letters, you're limited to the will's stated amount - the statutory schedule is no longer available as a fallback.

Is the New York executor fee taxable?

Yes — compensation is taxable income under federal law regardless of state. See our guide to how it's taxed, and when to waive it for the IRS rules on self-employment tax and reporting.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on New York statute (SCPA § 2307, § 2307-a). The tiered schedule covers both receiving and paying out estate assets combined, not doubled. A will's stated compensation controls unless renounced within 4 months of the executor's letters. Attorney-drafted-will disclosure requirements apply to certain executors. Confirm current figures with the Surrogate's Court or a licensed New York attorney before acting.