New York personal representative compensation

New York executor fee calculator

SCPA § 2307 sets commissions on the sums of money the fiduciary receives and pays out: 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 sums above $5,000,000. Commissions are computed on receipts and expenditures, not on gross estate value. A will may fix different rates for a corporate executor (subd. f).

Sources reviewed August 9, 2026. Latest primary-source re-fetch September 15, 2026.

How New York executor compensation works

In New York, the personal representative (executor) is the person the court appoints, or the will nominates, to administer the estate. New York compensation is governed by state statute and, where the statute permits, by the terms of the will or a court order, so the lawful New York fee is whatever those authorities set — not a national rule of thumb.

The calculator above applies New York's reviewed statutory rule to the compensable estate value you enter. The New York figure does not include extraordinary fees — services beyond routine administration (such as litigation, tax elections, or real-property management) that the court may approve separately on top of the ordinary compensation.

In New York, the compensable amount is measured against the money the estate actually received and paid out, so two New York estates with the same headline size can produce different lawful fees when what they are made of differs. Enter the figure that matches that basis rather than the gross number on the first account statement, or the New York result will not reflect the rule the statute actually applies.

If the New York will names a specific compensation amount or formula, that term controls unless a beneficiary or the representative petitions the court for modification. When no will exists, or the will is silent on the point, the New York statutory rule becomes the presumptive measure of reasonable compensation for the work.

New York compensation map

Which figure the New York fee rule actually measures

A percentage is not a fee answer until its base is known. This New York map identifies the compensation standard and the accounting figure it uses, while keeping court approval and extraordinary work outside an invented total.

New York estate administration decision map
QuestionRecorded New York answerCarry into the case
What route is being screened?Voluntary administration / small estate (SCPA art. 13)Confirm that the will, prior appointment, family facts, and asset titles fit this route.
What property and basis count?personal probate property only; gross value with statutory exemptions not classified by this worksheet.Keep real property, liens, beneficiary transfers, and survivorship transfers classified separately.
What is the amount screen?$50,000Use the counted property, not a bank-balance shortcut.
What is the time or deadline record?No universal waiting period stated; SCPA § 1802 bars claims not presented within 7 months from the date letters are first issued, but this is a calendar-month period running from appointment (not a fixed day count), and it interacts with the fiduciary's separate publication/notice practice; a single day number would mislead.Keep the event that starts each clock with the date; do not combine separate periods into one number.
What does the cost record establish?1 published schedule; the proceeding and value basis control the total.Ask the Surrogate's Court about local surcharges, copies, publication, bond, and later filings.
What does compensation use?SCPA § 2307 sets commissions on the sums of money the fiduciary receives and pays out: 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 sums above $5,000,000. Commissions are computed on receipts and expenditures, not on gross estate value. A will may fix different rates for a corporate executor (subd. f). The relevant base is money received and paid out during administration.Keep the will, task log, receipts, and accounting base together; extraordinary work is separate.

Compensation record

The New York fee record, band by band

This is the registry view of the compensation rule, separate from the calculator result. It shows whether a rate schedule exists and what accounting base the schedule names. A blank band is not permission to borrow a percentage from another state.

Compensation bandRateRead with
Up to $100,0005%money received and paid out during administration
The next band through $300,0004%money received and paid out during administration
The next band through $1,000,0003%money received and paid out during administration
The next band through $5,000,0002.5%money received and paid out during administration
Above the prior band2%money received and paid out during administration

Case-file context

Keep the New York answer with its neighboring conditions

A route answer is easier to use when the facts that can change it stay in the same record. These are the reviewed New York descriptions adjacent to this page\'s main question; they are not a substitute for the source quotations or the receiving court\'s instructions.

Route context

In New York, decedents' estates are administered by the Surrogate's Court in the decedent's county. Estates of $50,000 or less in personal property may use the simplified voluntary-administration (small estate) procedure. New York publishes real statutory schedules for both court filing fees (SCPA § 2402) and executor commissions (SCPA § 2307).

A 'small estate' is one leaving personal property with a gross value of $50,000 or less, exclusive of property required to be set off to a surviving spouse/children under EPTL 5-3.1(a). Real property is not covered. The summary voluntary-administration procedure has no waiting period after death, and the clerk charges $1 to file the affidavit.

Cost context

SCPA § 2402(7) sets a statewide banded probate/administration filing fee based on the gross estate: under $10,000 = $45; $10,000–under $20,000 = $75; $20,000–under $50,000 = $215; $50,000–under $100,000 = $280; $100,000–under $250,000 = $420; $250,000–under $500,000 = $625; $500,000 and over = $1,250. (The small-estate voluntary-administration affidavit costs $1 under SCPA § 1304.)

1 published schedule; the proceeding and value basis control the total.

Deadline context

SCPA § 1802 bars claims not presented within 7 months from the date letters are first issued, but this is a calendar-month period running from appointment (not a fixed day count), and it interacts with the fiduciary's separate publication/notice practice; a single day number would mislead.

Court-material note: New York probate is handled by the Surrogate's Court in each county. The New York Courts self-help pages (nycourts.gov) return HTTP 403 to automated fetches (Cloudflare interstitial), so no court-resource URL could be verified to return HTTP 200 in this session. Primary statutory text is taken from the New York State Senate's official Open Legislation service (www.nysenate.gov) over HTTPS. New York's Surrogate's Court forms, including the small-estate (voluntary administration) affidavit, are published by the Unified Court System, whose servers refuse automated requests. No New York court link is published here rather than one this site cannot prove reachable: obtain the affidavit from the Surrogate's Court of the county where the decedent lived.

Arithmetic illustration

See the New York amount screen without mistaking it for a result

The recorded New York ceiling is $50,000, and it is tested against personal probate property only, on a basis this site records as gross value with statutory exemptions not classified by this worksheet. Counted that way, $37,500 sits below the New York figure and $62,500 sits above it. Both are comparisons to a published number rather than legal outcomes: two estates holding the same total can land on opposite sides of this line, because what New York counts and how it values it are decided before the comparison is made.

Illustrative counted amountComparison to the New York ceilingWhat it does not decide
$37,500Below $50,000Title, liens, waiting period, appointment, or creditor duties
$62,500Above $50,000Whether another statutory route or court process applies

Next evidence to collect

Bring the stated accounting base and the will or court instructions to the compensation discussion.

  1. Record the date of death, the county, and the exact proceeding or affidavit being considered.
  2. Classify each asset by title, beneficiary, trust, real-property status, and the value basis shown above.
  3. Open the official court material below and keep its form or schedule with the estate record.
  4. Do not distribute property until the route, creditor position, and required approvals are resolved.

Official material

New York publishes no court artifact in this registry. New York probate is handled by the Surrogate's Court in each county.

New York probate is handled by the Surrogate's Court in each county.

The New York Courts self-help pages (nycourts.gov) return HTTP 403 to automated fetches (Cloudflare interstitial), so no court-resource URL could be verified to return HTTP 200 in this session. Primary statutory text is taken from the New York State Senate's official Open Legislation service (www.nysenate.gov) over HTTPS.

Source trail

Records used by this New York map

The New York commission schedule, band by band

New York does not set one flat percentage. The rate steps down as the compensable figure grows, and each rate applies only to its own band — so the whole figure is never multiplied by the top rate or the bottom one. The published bands are:

New York executor commission rate by band of the compensable figure
Band of the compensable figureRate
on the first $100,0005%
on the next $200,0004%
on the next $700,0003%
on the next $4,000,0002.5%
on the balance above $5,000,0002%

The bands are read against the money the estate actually received and paid out during administration, not the gross value of what the decedent owned. That distinction changes the New York answer: two estates of the same headline size produce different lawful commissions when the figure the schedule actually measures differs between them.

No single band is priced for you here, because New York keys the schedule to a figure the estate’s own accounting establishes rather than to a number an asset list can supply. Use the calculator above once you have that figure, and treat any court-approved extraordinary compensation, or a fee a will fixes, as separate from this ordinary schedule.

Compensation source

Each legal input links to the government source reviewed for this page. Source text can change; confirm the current rule before acting.