New York · Calculator
New York Executor Commission Calculator
Commissions for a New York executor or administrator under Surrogate's Court Procedure Act §2307(1), computed at half rates on what is received and on what is paid out.
The schedule
On the settlement of the account of a fiduciary other than a trustee, such as an executor or administrator, the court must allow commissions under N.Y. Surrogate's Court Procedure Act §2307(1) for receiving and paying out sums of money:
- 5% on sums not exceeding $100,000
- 4% on the next $200,000
- 3% on the next $700,000
- 2.5% on the next $4,000,000
- 2% on all sums above $5,000,000
The commission is computed separately for receiving and for paying out, at one-half the statutory rates for each. When the same amount is received and paid out, the two halves add up to the full rates.
The base
The value of property, and its increment, that is received, distributed or delivered counts as money in computing commissions, except a specific legacy or devise (SCPA §2307(2)). Leave specifically bequeathed or devised property out of the figures you enter.
Worked example
An estate that receives $500,000 and pays out or distributes the same $500,000, with no specific legacies: 5% of $100,000 ($5,000) plus 4% of $200,000 ($8,000) plus 3% of $200,000 ($6,000) is $19,000 at full rates, half for receiving ($9,500) and half for paying out ($9,500), for $19,000.
What this calculator doesn't cover
- More than one fiduciary. Whether each fiduciary takes a full commission or one is apportioned depends on the gross value of the principal and the number of fiduciaries (SCPA §2307(5)).
- The will. Where the will provides a specific compensation to a fiduciary other than a trustee, the fiduciary isn't entitled to any other allowance unless they renounce it by an instrument filed with the court within 4 months from the date of their letters (§2307(5)). Paragraph (f) of §2307(1) covers rates set for a corporate executor.
- Real property rents. A fiduciary who collects rents and manages real property may also retain 5% of the gross rents collected (§2307(6)).
- Attorney-executors. SCPA §2307-a governs the commissions of an attorney-executor; it isn't applied here.
- Trustees. Trustees' commissions are under different sections and aren't covered.
Frequently asked questions
What are executor commissions in New York?
SCPA §2307(1) allows 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% above $5,000,000, computed separately at one-half those rates for receiving and for paying out. On a $500,000 estate received and paid out, that is $19,000.
Do specific bequests count toward New York commissions?
No. Property received, distributed or delivered counts as money in computing commissions, but not a specific legacy or devise (SCPA §2307(2)).
Does each co-executor get a full commission in New York?
It depends on the gross value of the principal and the number of fiduciaries; SCPA §2307(5) sets out when each takes a full commission and when one is apportioned.