New York Real Estate Sale: Costs & Commission Explained

A five-tier schedule that most people misquote as a flat 5% — and a maximum, not a guaranteed, amount.

SCPA §2307

Quick answer: the ordinary 4-6% realtor commission applies as usual, plus a graduated statutory fiduciary commission under SCPA §2307 — not a flat 5%, whatever the internet says. See how this plays out for your own numbers in the New York probate real estate sale calculator.

Five tiers, not one flat rate

Straight from §2307: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4 million, and 2% above $5 million. On a $1 million estate, that works out to $34,000 total — not $50,000, which is what a flat 5% would suggest.

Gross value, not net

The percentage applies to the estate's gross value from the accounting, with debts, taxes, and administrative expenses left in, not subtracted out first. The statutory schedule effectively represents the maximum permissible fee, calculated before those obligations are paid.

The will can override the statute entirely

A decedent can specify a flat fee, a dollar cap, or no compensation at all directly in the will — the §2307 schedule is only the default that applies when the will is silent on the subject.

Multiple fiduciaries split it differently by estate size

Below $300,000 in gross value, one full commission is divided among however many fiduciaries are serving, based on each one's actual services. At $300,000 or more, up to two or three fiduciaries can each receive a full commission rather than splitting one; beyond three, the commission for two must still be apportioned among all of them.

It's the same math whether it's a house or a bank account

Commissions are based on amounts actually received and paid out by the fiduciary — liquidating a $100,000 bank account generates commission on that $100,000 exactly the same way a house sale generates commission on the cash it brings in.

Facing probate in New York?

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

Talk to a New York attorney

The §2307 schedule applies the same way whether the estate is probated in Manhattan, Brooklyn, Queens, or any other New York county.

Sale costs and commission — frequently asked questions

Is the SCPA 2307 commission calculated on the net or gross estate?

The gross value — debts, taxes, and administrative expenses are not deducted before the percentage is applied, so the statutory schedule represents the maximum permissible commission under the statute.

Does a will always follow the SCPA 2307 schedule?

No — a decedent can specify a flat fee, a capped amount, or no compensation at all in the will. If the will is silent on compensation, the statutory rates apply by default.

How is the commission split with two or three executors?

Below $300,000 in gross estate value, one full commission is apportioned among however many fiduciaries there are, based on services rendered. At $300,000 or more, up to two or three fiduciaries can each receive a full commission; beyond three, the commission for two must be apportioned among all of them.

Is a bank account liquidation commissionable the same way as a house sale?

Yes, in the same way — commissions are based on amounts actually received and paid out, so liquidating a $100,000 account generates commission on that $100,000, just as a house sale generates commission on the cash it brings into the estate.

What does it cost to sell real estate during probate in New York?

The ordinary 4-6% realtor commission applies as usual, plus a graduated statutory fiduciary commission under SCPA §2307 — not a flat 5%, whatever the internet says.

This page provides general guidance only and is not legal, tax, or financial advice. Based on SCPA §2307. Confirm current figures with a licensed New York attorney or real estate professional before acting.