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How much does an executor get paid in New York?

Short answer

New York pays executors a sliding commission set by statute: 5% of the first $100,000, 4% of the next $200,000, 3% of the next $700,000, 2.5% of the next $4 million, and 2% of everything above $5 million.

On a $500,000 estate that is $19,000.

Source: New York SCPA §2307. Not legal advice — the probate court has the final word.

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The New York fee schedule

Portion of the estateRate
$0 – $100,0005%
$100,000 – $300,0004%
$300,000 – $1,000,0003%
$1,000,000 – $5,000,0002.5%
Above $5,000,0002%

What counts toward the fee

The commission is figured on the property the executor actually receives and pays out, valued as money. Specific bequests — a house or an account left by name to one person — are left out of the base.

Worked examples

Estate valueExecutor feeEffective rate
$250,000$11,0004.4%
$500,000$19,0003.8%
$1,000,000$34,0003.4%
$2,000,000$59,0003%

Taxes and waiving the fee

Yes. An executor commission is taxable income to the executor. An inheritance generally is not, which is why an executor who is also a beneficiary often waives the fee.

No. Executors can decline the commission. Whether waiving makes sense depends on whether the executor is also a beneficiary and on their tax situation — check with the estate’s attorney.

For the executor doing the work

Keep the record that justifies the fee

Estate Executor OS tracks every asset, account, receipt and payout, plus the probate deadlines — the same records a New York court asks for in the final accounting. One offline file, one-time $29.00.

Executor pay in other states

Related: How to manage an estate as executor · Probate deadlines every executor must know · Free final estate accounting template

Free printable

Probate deadline checklists for Texas, Florida and California

Every statutory deadline we have verified for each state, with the date it runs from and the statute it comes from. Write in your dates and keep it in the estate folder. Free, one PDF.

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