New York Executor Fee: How Much Is It?

Q: How much does an executor get paid in New York?

Under SCPA 2307(1), 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. On a $1,000,000 estate, that's $34,000.

Q: Is there an extra commission for New York executors handling rental property?

Yes - Section 2307(6) allows an additional 5% of gross rents collected, on top of the regular schedule, though only one such additional commission exists per estate regardless of how many fiduciaries serve.

Quick answer: New York's commission under SCPA § 2307(1) 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. On a $1,000,000 estate, that's $34,000. Get your own estimate with the New York executor fee calculator.

The tiered schedule

SCPA § 2307(1)(a)-(e): 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; 2% above $5,000,000 — described as the rate "for receiving and paying out" these sums.

Why "receiving and paying out" doesn't mean double

§ 2307(1), final paragraph: "Such commission shall be computed separately for receiving and for paying out sums of money, at one-half the statutory rates for receiving and at one-half the statutory rates for paying out sums of money." Half the rate for receiving, plus half the rate for paying out, adds back up to the full listed rate for a dollar that passes through both stages — not a doubled rate the way it might first appear.

What counts as "money" for this calculation

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

A separate 5% for handling rental property

§ 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 schedule — but only one such additional commission exists per estate, even with multiple fiduciaries serving.

The 4-month renunciation window

§ 2307(5): if the will specifies compensation, the fiduciary gets nothing else unless they file a written renunciation with the court within 4 months of the date of their letters — a firm deadline, not an open-ended right.

Attorney-drafted wills: an automatic half-commission penalty

SCPA § 2307-a: when an attorney (or someone at their firm) writes a will naming themselves executor, specific disclosures must be made to the testator beforehand, confirmed by a signed written acknowledgment. Without that acknowledgment, the attorney-executor's commission is automatically cut to one-half of what it would otherwise be — a different mechanism than Florida's outright bar, but built on the same idea of requiring informed consent.

Worked examples

Estate value	Statutory commission
$250,000	$11,000
$500,000	$19,000
$1,000,000	$34,000

Each figure computed tier by tier from § 2307(1) and independently verified. Model your own estate, including any rental commission, in the calculator.

Facing probate in New York?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a New York attorney

New York executor fee — frequently asked questions

How much does an executor get paid in New York?

Under § 2307(1), 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. On a $1,000,000 estate, that's $34,000.

Does New York's commission apply twice for receiving and paying out?

No — the schedule is computed at one-half the rate for receiving and one-half for paying out, which together add back up to the single full listed rate, not double it.

Is there an extra commission for New York executors handling rental property?

Yes — § 2307(6) allows an additional 5% of gross rents collected, on top of the regular schedule, though only one such additional commission exists per estate regardless of how many fiduciaries serve.

What happens if a New York executor misses the 4-month renunciation window?

If the will specifies compensation and no written renunciation is filed within 4 months of the executor's letters, the will's stated amount is final — the statutory schedule is no longer available as a fallback.

What counts as excluded from the New York commission base?

A specific legacy or devise named in the will, and September 11th Victim Compensation Fund awards, are both valued at zero for the commission calculation under § 2307(2).

Estimate for general guidance only, not legal advice. Based on SCPA § 2307 and § 2307-a. The tiered schedule covers receiving and paying out combined, not doubled. Verify with the Surrogate's Court or a licensed New York attorney.