An executor in New York is paid a statutory commission set by Surrogate's Court Procedure Act (SCPA) § 2307: a sliding percentage of the estate property the executor receives and pays out, starting at 5 percent and stepping down to 2 percent on the largest estates. The executor is also reimbursed for reasonable and necessary expenses actually paid. Below we walk through the tiers, the assets that count and the ones that do not, what happens when there are co-executors, why many family executors decline the fee, and when the Surrogate's Court actually looks at the number.

What are the executor commission rates in New York?

As of October 2026, SCPA § 2307(1) sets five tiers, applied cumulatively to the sums the executor receives and pays out. Each tier applies only to the slice of the estate that falls within it, the same way income tax brackets work.

"For receiving and paying out all sums of money not exceeding $100,000 at the rate of 5 percent. (b) For receiving and paying out any additional sums not exceeding $200,000 at the rate of 4 percent. (c) For receiving and paying out any additional sums not exceeding $700,000 at the rate of 3 percent. (d) For receiving and paying out any additional sums not exceeding $4,000,000 at the rate of 2 1/2 percent."

— New York Surrogate's Court Procedure Act (SCPA) § 2307(1)(a)–(d)

Above $5,000,000, the rate is 2 percent: the statute allows commissions "[f]or receiving and paying out all sums above $5,000,000 at the rate of 2 percent". Put together, the schedule as of October 2026 looks like this:

Worked examples

For an estate where the executor receives and pays out $500,000, the commission is $19,000: $5,000 (5% of the first $100,000), plus $8,000 (4% of the next $200,000), plus $6,000 (3% of the remaining $200,000).

For an estate of $1,000,000, the commission is $34,000: $5,000, plus $8,000, plus $21,000 (3% of $700,000). These figures are arithmetic on the statutory schedule; the actual allowance depends on what the executor really handled, which we cover next.

Which assets count toward the executor's commission?

Commissions are computed on property the executor actually receives and distributes, including non-cash property valued as the court directs. SCPA § 2307(2) provides that "[t]he value of any property, to be determined in such manner as directed by the court and the increment thereof, received, distributed or delivered, shall be considered as money in computing commissions".

That means a brokerage account the executor collects and distributes counts, and so does a co-op or house the executor takes control of and later sells or deeds to beneficiaries. Growth on those assets during administration (the "increment") counts too.

What does not count?

Specific gifts in the will are excluded. Right after the "considered as money" rule, SCPA § 2307(2) continues: "But this shall not apply in case of: (a) a specific legacy or devise". If the will leaves "my Fifth Avenue apartment to my daughter," the apartment is a specific devise and does not add to the commission base.

Assets that pass outside the estate also do not come into the executor's hands, so the executor does not receive or pay them out. Typical examples are jointly owned accounts with a right of survivorship, life insurance and retirement accounts with a named beneficiary, and property already titled in a funded living trust. A large gross estate can therefore produce a modest commission if most of it passed by beneficiary designation. For more on keeping assets out of probate, see our guide on funding a trust in New York.

Extra commission for managing rental property

An executor who collects rents and manages real property may receive an additional commission of 5 percent of the gross rents. SCPA § 2307(6) allows the fiduciary "5 per cent of the gross rents collected therefrom", on top of the regular commission, and only one such additional commission is allowed in total.

How are commissions split between co-executors?

For estates with gross principal of $300,000 or more, each executor can receive a full commission, up to a cap of three. SCPA § 2307(5) provides that where "the gross value of the principal of the estate accounted for amounts to $300,000 or more", "each fiduciary is entitled to the full compensation on principal and income allowed herein to a sole fiduciary". Where there are more than three executors, "the compensation to which 3 would be entitled must be apportioned among them".

Smaller estates are treated differently:

Co-executors may also agree in writing to divide commissions differently. The statute permits apportionment by written agreement among the fiduciaries, but that agreement "shall not provide for more than one full commission for any one of them."

This is a real cost point when drafting a will. Naming three children as co-executors of a $2,000,000 estate can triple the commissions the estate pays, unless they agree to share or waive.

What if the will sets the executor's pay?

If the will specifies compensation for the executor, the executor takes that amount, not the statutory commission, unless the executor formally renounces it in time. Under SCPA § 2307(5), the executor "is not entitled to any allowance for his services unless by an instrument filed with the court" "within 4 months from the date of his letters he renounces the specific compensation." Miss the four-month window and the executor is held to the amount in the will.

The four months run from the date letters issue. If you are about to receive letters, read our guide on letters testamentary in Manhattan Surrogate's Court.

Do attorney-executors get the same commission?

An attorney who drafted the will and is named executor receives only half the statutory commission unless the testator signed a written disclosure acknowledgment. SCPA § 2307-a provides that, "absent execution of a disclosure acknowledgment, the attorney who prepared the will" "shall be entitled to one-half the commissions he or she would otherwise be entitled to receive".

The disclosure must tell the testator that "any person, including the testator's spouse, child, friend or associate, or an attorney, is eligible to serve as an executor", and that an attorney-executor who also does the legal work is entitled to compensation for those legal services "in addition to the executor's statutory commissions." SCPA § 2307(1) separately allows an attorney-fiduciary "such compensation for his or her legal services as appear to the court to be just and reasonable".

Are executor commissions taxable?

Yes. Executor commissions are taxable income to the executor. IRS Publication 559 states: "All personal representatives must include fees paid to them from an estate in their gross income."

An inheritance, by contrast, generally is not income to the person who receives it. IRS Publication 525 says: "In most cases, property you receive as a gift, bequest, or inheritance isn't included in your income." Whether taking the commission makes sense overall depends on the size of the estate and the executor's own tax bracket, so run the numbers with an accountant. If the estate may owe New York estate tax, see our overview of New York estate tax in 2026.

Can an executor waive commissions?

Many executors choose not to take a commission, especially when the executor is also a main beneficiary. The reason is the tax comparison above: a child who serves as executor and inherits half the estate gains nothing by moving part of that inheritance into a taxable commission.

A waiver makes less sense when the executor is not a beneficiary, when beneficiaries share unequally, or when the work is heavy, such as managing rental buildings or selling a business. Whatever the choice, put it in writing and reflect it in the estate's accounting so beneficiaries see the same number the court does.

When does the Surrogate's Court review executor commissions?

The court fixes commissions when it settles the executor's account. SCPA § 2307(1) allows commissions "on the settlement of the account of any fiduciary other than a trustee," and the court allows "the reasonable and necessary expenses actually paid". In a judicial accounting in the New York County Surrogate's Court or any other county, beneficiaries can object to the commission calculation along with anything else in the account. Our article on accounting proceedings for New York fiduciaries explains that process.

Can an executor take commissions before the estate closes?

Yes, if the Surrogate's Court approves it. SCPA § 2310 lets an executor ask the court for an advance: "At any time during the administration of an estate", "a fiduciary may present to the court from which his letters issued a petition", and "the court may award a sum on account of commissions". Process issues to "all persons whose rights or interests would be affected by the payment applied for". The order generally requires the executor to "file a bond in the amount of the payment securing its return if and to the extent the payment is disallowed," with exceptions such as a corporate fiduciary or a will that dispenses with a bond.

Commissions an executor takes early without authority are the kind of issue beneficiaries raise in objections to an account or in a removal petition. See how to remove an executor or trustee in New York.

Talk to a New York estate attorney about executor commissions

The statutory schedule is the starting point; the real number turns on what the executor handled, how many fiduciaries serve and what the will says. Estate Law New York, led by Managing Attorney Alan Vaitzman, Esq., at 17th Floor, 299 Broadway, New York, NY 10007, can review your situation. Schedule a free consultation.

Frequently Asked Questions

How much does an executor get paid in New York?

As of October 2026, SCPA § 2307 sets commissions at 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. The rates apply to what the executor actually receives and pays out, and reasonable expenses are reimbursed separately.

What is the executor fee on a $500,000 estate in NY?

If the executor receives and pays out $500,000, the statutory commission is $19,000: $5,000 on the first $100,000, $8,000 on the next $200,000 and $6,000 on the remaining $200,000. Specific bequests and assets passing outside the estate are not included.

Do life insurance and joint accounts count toward executor commissions?

Generally no. Commissions are computed on property the executor receives and distributes, and assets that pass directly to a named beneficiary or surviving joint owner never come into the executor's hands.

Do co-executors each get a full commission in New York?

For estates of $300,000 or more, each executor can receive a full commission, but if there are more than three, the compensation of three is split among them. Smaller estates have lower limits under SCPA § 2307(5).

Do I have to pay taxes on executor fees?

Yes. IRS Publication 559 states that personal representatives must include fees paid to them from an estate in their gross income, while an inheritance generally is not taxable income to the recipient.

Can an executor pay themselves before the estate is settled?

Under SCPA § 2310, an executor may petition the Surrogate's Court at any time during administration for a payment on account of commissions, with process issued to affected persons. The order generally requires a bond securing repayment if the amount is later disallowed.

Disclaimer: This article is for informational purposes only and does not constitute legal or tax advice. No attorney-client relationship is formed by reading this publication. Prior results do not guarantee a similar outcome. Reviewed by Alan Vaitzman, Esq. — Managing Attorney at Estate Law New York. Working in estate law since 2017. J.D., New York Law School (2021); B.A. in Psychology, Brooklyn College (2016). Admitted to practice in New York (Reg. No. 5989199), New Jersey, and Florida (Bar No. 1040681). Office: 299 Broadway, 17th Floor, New York, NY 10007.