New York Executor
Fee Calculator

New York sets executor commissions through SCPA § 2307 using a declining percentage schedule based on the estate's gross value: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4,000,000, and 2% on all amounts above $5,000,000. Attorney fees in New York are governed separately under SCPA § 2110 and are determined by what is "fair and reasonable" — which means the total administrative cost is less predictable than California's paired schedule, but executor compensation itself is fully statutory.

For a $1,000,000 New York estate, the executor commission works out to $34,000 ($5,000 + $8,000 + $21,000). New York's commissions are calculated on the value of assets received and paid out — or the greater of the two — which provides a check on commissioners who might otherwise inflate the estate's value.

Co-executors each receive the full commission unless there are more than two, in which case the court allocates the total among them based on the services rendered.

New York executor fees — called "commissions" — are set by statute under SCPA § 2307: 5% of the first $100,000 of the estate, 4% of the next $200,000, 3% of the next $700,000, 2.5% of the next $4 million, and 2% of anything over $5 million. For a $500,000 New York estate, the statutory commission is $18,000.

Attorney fees in New York are governed separately and not set on the same statutory schedule, unlike California. New York Surrogate's Court handles all estate matters; New York County (Manhattan) and Kings County (Brooklyn) Surrogate's Courts are the most active.

New York imposes a state estate tax with a $6.94 million exemption (2024) — notable for its "cliff effect," which phases out the full exemption for estates between 100–105% of the threshold.

Use this new york executor fee calculator to estimate executor compensation, personal representative fees, estate administration costs, and the probate court review that may apply before payment. The key inputs are probate estate value, income collected during administration, real estate sales, creditor claims, beneficiary disputes, tax filings, and whether extraordinary services justify a higher fee.

The statutory percentage model in New York applies a tiered schedule to the value of the probate estate. SCPA § 2307: 5% on first $100K, 4% on next $200K, 3% on next $700K, 2.5% on next $4M, 2% above $5M.

Attorney fees: reasonable per SCPA § 2110 For a mid-sized estate, the effective blended rate varies by state — use the calculator above for New York's exact tiers.

Extraordinary services — such as managing litigation, selling real property, or operating a business during administration — may entitle the personal representative to additional compensation beyond the statutory schedule. New York courts generally require a separate petition supported by detailed records before awarding extraordinary fees.

This calculator handles the baseline statutory computation; the extraordinary-services component requires a separate petition with detailed records specific to New York.

With 62 counties across New York, filing practices and local court expectations can vary even under a uniform statutory schedule. Some counties require the fee computation to be included in the final accounting, while others accept a separate petition.

Understanding the specific county's requirements avoids delays in closing the estate.

The New York executor fee calculator works best when the estate value is broken into probate assets, non-probate transfers, income collected by the executor during estate administration, debts paid, and extraordinary executor services. Enter the gross probate estate value, real property, cash and investment accounts, business interests, vehicles, and personal property before the executor fee calculator estimates executor compensation.

Assets with named beneficiaries or trust ownership may pass outside probate and usually should not sit in the executor fee base that the New York probate court reviews.

For New York executor fee pages with lower content scores, the missing intent is practical executor fee documentation. The executor or personal representative should track time spent locating estate assets, securing property, communicating with each beneficiary, paying creditors, preparing the inventory, filing accountings with the probate court, selling real estate, collecting estate income, and handling tax returns.

Those records back up the executor fee request when a beneficiary objects, when the probate court reviews executor compensation for reasonable compensation, and when attorney fees are billed against the estate alongside the executor fee.

New York executor fees can shift when the estate includes contested claims, multiple beneficiaries, out-of-state property, business operations, farmland, mineral rights, or a difficult real estate sale during estate administration. Run separate executor fee estimates for ordinary executor compensation and extraordinary executor compensation so families see the gap between a routine New York estate settlement and a complex probate administration where the personal representative earns additional reasonable compensation on top of the standard New York executor fee schedule.

A New York executor compensation worksheet should document the estate value, probate assets, non-probate assets, income the executor collected during estate administration, creditor claims paid, tax filings, real estate work, beneficiary communications, and time logged by the executor or personal representative. The clearer the record, the easier it is for the New York probate court to confirm a reasonable executor fee when a beneficiary asks how the executor compensation was calculated under the New York fee schedule.

Separate ordinary executor fees from extraordinary executor fees on the worksheet. Ordinary executor compensation generally covers the inventory, creditor notice, asset collection, bill payment, accounting filed with the probate court, and final beneficiary distribution.

Extraordinary executor compensation may apply when the executor sells real estate, operates a business, manages probate litigation, handles tax problems, locates missing beneficiaries, resolves disputes between beneficiaries, or protects difficult estate property — work the New York probate court is more likely to scrutinize before approving the full executor fee.

Use the executor fee calculator before the New York probate court accounting is due so the executor can compare a statutory executor fee, percentage executor fee, hourly executor fee, and reasonable compensation request side by side. If the will waives executor fees or sets a different executor compensation formula, compare that language with New York probate law and the local probate court's fee schedule before the executor or personal representative takes any executor compensation out of the estate alongside attorney fees.

New York offers a simplified procedure for estates valued at or below $50,000, including a small estate affidavit option that may allow heirs to bypass formal probate entirely. For estates near this threshold, the executor fee calculation becomes especially important because the cost of administration relative to the estate's value determines whether formal probate or the simplified path is more cost-effective for the beneficiaries.

Because New York uses a statutory schedule, families benefit from knowing the exact fee exposure before the personal representative is appointed. Understanding the calculation upfront helps set expectations and provides a basis for discussing whether the will should include a fee waiver or alternative compensation arrangement.

The statutory executor fee often mirrors the attorney fee schedule in New York. When the same tiered schedule governs both, total administrative costs become predictable at the planning stage.

For a complete estate cost projection including attorney fees and court filing fees, see our New York probate cost calculator. Executor fees are also deductible as administration expenses — IRS Publication 559 covers the federal tax treatment in detail.

New York imposes a state-level estate tax with an exemption of $7,160,000. For taxable estates, executor fees are deductible as an administration expense, which can meaningfully reduce the overall tax burden.

Use our New York estate tax calculator to model the net cost of executor compensation after the deduction.

The typical probate timeline in New York runs 9-24 months, though contested matters or estates with complex assets may take longer. Executor fees accrue over this entire period, which is why an accurate upfront estimate helps both the fiduciary and the beneficiaries plan for the duration of administration.

When a New York will names two or more co-executors, the statutory fee schedule does not simply double the total compensation. New York law generally provides that co-personal representatives share the single statutory commission rather than each receiving a full commission independently.

The allocation between co-fiduciaries may be equal or proportional to the work each performs, depending on how New York courts interpret the governing statute and any agreement between the co-executors themselves.

This sharing arrangement has important implications when drafting a will in New York. If you name multiple co-executors, understand that the total statutory fee remains the same — it is divided, not multiplied.

If you intend for each personal representative to receive full statutory compensation, the will should include an explicit provision authorizing additional compensation, though courts retain discretion to approve or deny such provisions. In practice, co-executor arrangements work best when the named individuals have complementary skills (for example, a family member who understands the decedent's wishes paired with a financial professional who can manage investment assets) and when the will clearly defines their respective roles.

Professional fiduciaries — such as bank trust departments or licensed professional executors — who serve alongside family co-executors in New York typically charge their standard institutional fee schedule. This can create tension when the total compensation exceeds what the estate would pay a single individual personal representative.

Address this dynamic at the estate planning stage by specifying in the will how professional and lay co-executor fees interact, and whether the estate is intended to bear the combined cost of both.

In New York's statutory percentage system, the fee schedule sets a presumptive entitlement — the personal representative is generally entitled to the statutory amount. However, this does not mean fees are non-negotiable.

The personal representative may voluntarily waive compensation entirely or accept a reduced amount. Family members serving as executors in New York frequently waive fees, particularly when they are also beneficiaries, since the fee is taxable income to the executor while an inheritance generally is not.

The tax implications of this choice deserve careful analysis. Executor fees received in New York are ordinary income subject to federal and state income tax, plus self-employment tax for non-professional executors.

By contrast, an inheritance is not subject to income tax (though it may be subject to estate tax at the state or federal level). For a family member personal representative who is also a beneficiary, waiving the fee often results in a higher after-tax inheritance — but this depends on the estate's overall tax position, the beneficiary's personal tax bracket, and whether the estate is subject to New York's state estate tax.

Written fee agreements are strongly recommended in New York, even when all parties appear to be in accord. The agreement should specify the compensation methodology (flat fee, hourly rate, percentage, or combination), the payment schedule (periodic draws vs.

single payment at closing), and any conditions that would trigger additional compensation (such as litigation, tax audits, or business operations). A clear written agreement protects the personal representative from surcharge claims and gives beneficiaries transparency into estate administration costs.

Standard personal representative compensation in New York — whether set by statute, court approval, or reasonable compensation analysis — covers the routine tasks of estate administration: gathering assets, paying debts and taxes, filing required court documents, and distributing the estate according to the will or intestacy statute. When administration demands services beyond this baseline, New York law provides a mechanism for the personal representative to seek additional compensation for extraordinary services.

In New York's statutory percentage system, extraordinary fees are awarded on top of the standard commission. The personal representative or attorney must petition the court separately, demonstrating that the services fell outside ordinary administration and that the requested compensation reflects the benefit conferred on the estate. Common extraordinary services in New York include:

• Defending against will contests or objections to the appointment
• Managing litigation on behalf of the estate (breach of contract, personal injury, or other claims)
• Operating a business owned by the decedent during administration
• Handling complex tax matters including estate tax audits or amended return filings
• Selling real property, particularly when the sale requires court approval or involves title issues
• Negotiating settlements with contested creditors

Documentation is the key to securing extraordinary fee approval in New York. Contemporaneous time records should separate ordinary tasks from extraordinary services, with narrative descriptions that explain why each task was necessary and how it benefited the estate.

Courts are far more likely to approve extraordinary fees when the personal representative can demonstrate a direct link between the additional services and a measurable benefit — such as recovering assets, defeating an invalid claim, securing a favorable tax outcome, or achieving a sale price above appraised value. This calculator estimates standard compensation only — extraordinary fee projections require analysis of the specific estate's circumstances and should be discussed with a probate attorney.

This executor fee calculator handles New York's statutory percentage tiers automatically. Enter the estate value, select New York, and receive an instant fee estimate grounded in current statutory data.

The tool covers all 50 states and the District of Columbia with county-level accuracy where applicable.

Try it now — no account required for your first calculation. The calculator is free to use and takes just seconds to produce an estimate for any New York estate.

After running your estimate, check the New York probate cost calculator, probate timeline estimator, and estate tax calculator for a complete picture of estate administration.

Under SCPA §§ 2307, 2110, New York's statutory percentage schedule sets the fee amount. Probate courts in New York weigh several factors to determine the executor fee amount: the size of the gross probate estate, complexity of the assets administered (real estate, business interests, retirement accounts), time the executor spent collecting assets and paying creditors, and whether extraordinary services like litigation or a real estate sale were required.

The reasonable compensation standard protects beneficiaries from inflated fees while ensuring the personal representative is paid for actual work performed. Across New York's 62 counties, local probate courts may weight factors differently — urban counties with heavier caseloads tend to scrutinize executor fee petitions more closely than rural courts.

To calculate executor fees by state, families generally see one of three approaches. The percentage-of-estate approach — used in New York and other statutory states — typically ranges from 1.5% to 5% of gross estate value, with lower percentages on larger estates.

The hourly approach charges $25-$75 per hour in some jurisdictions, supported by contemporaneous time records. The reasonable compensation approach, common in states without a fixed schedule, lets the probate court set the fee amount based on the executor's documented services rather than a statutory formula.

Each beneficiary has the right to petition the New York probate court to reduce executor compensation if the fee appears disproportionate to the work performed. The executor must document time spent, tasks completed (asset inventory, creditor notice, tax filings, distributions), and any extraordinary services that justify the requested amount.

Common reasons probate courts reduce executor fees: incomplete accountings, missing time records, fee requests that exceed comparable estates in New York, and beneficiary objections supported by evidence that the personal representative delegated most administration to the probate attorney.

• Executor compensation in New York scales with estate size. A $100K estate typically generates $3,000–$5,000 in executor fees
• a $500K estate runs $10,000–$25,000
• a $1M+ estate often pays $25,000–$50,000 or more. New York's statutory percentage executor fee schedule produces predictable numbers — beneficiaries can see the calculation on the face of the statute. Online tools like estateexec or any reputable executor online guide can help benchmark your fee against similar New York estates before filing the fee petition.

Executor duties that justify compensation include filing the will with the probate court, publishing creditor notices, completing the asset inventory within statutory deadlines, paying valid debts and rejecting invalid claims, filing the decedent's final income tax return and estate tax returns where required, and making beneficiary distributions per the will. In New York, the personal representative must also file periodic accountings with the probate court showing every receipt and disbursement.

A thorough executor online guide for New York will list each required filing and the typical fee calculator inputs for each phase of estate administration.

Family executors in New York often waive fees — sons, daughters, or surviving spouses serving as executor frequently decline compensation to preserve estate value for beneficiaries. Professional executors (bank trust departments, attorneys serving as personal representative) almost never waive fees.

The tax implication matters: executor compensation is ordinary income to the recipient, while an inheritance is generally not taxable. A family executor in a high tax bracket may waive the fee, take the inheritance instead, and net more.

Estate administration in New York commonly closes 9–18 months after letters issue, with the final fee request and beneficiary distributions filed at closing.