New York Probate Tool

NYS Executor Fee Calculator

Estimate statutory executor commissions in New York under the commonly used SCPA 2307 tiered rates. Enter the estate amount that is subject to commission and get an instant estimate for one or multiple executors.

This calculator is for planning and education. Final commissions can change based on court approvals, will language, what property is commissionable, and case-specific probate facts.

Enter values and click Calculate Fee.

How New York Executor Fees Work

When someone passes away and their estate goes through probate in New York, the executor is often entitled to compensation for the work required to gather assets, pay debts, file tax documents, communicate with beneficiaries, and distribute property. In many estates, compensation follows a percentage schedule under New York law rather than a purely hourly model. That is why an NYS executor fee calculator is useful: it helps families and fiduciaries estimate likely commissions early in the process.

The most common benchmark is the statutory commission structure tied to estate value brackets. This structure is frequently referenced in connection with SCPA 2307 and is often used in estate planning conversations, probate budgeting, and beneficiary expectations. However, every estate has unique facts, and the final amount can still change depending on the will, the court, and which assets are counted for commission purposes.

Contents
  • What the NYS executor fee calculator includes
  • New York tiered commission rates
  • Step-by-step calculation examples
  • How multiple executors can affect total fees
  • Which assets are usually counted (and not counted)
  • When executor commissions are paid
  • Tax treatment of executor commissions
  • Common mistakes and planning tips
  • Frequently asked questions

What This NYS Executor Fee Calculator Includes

This calculator estimates compensation by applying the standard New York percentage tiers to the amount you enter as commissionable estate value. It then provides an estimate for single or multiple executors. For multiple executors, an additional estimate is shown based on common statutory treatment in larger estates where multiple full commissions may be allowed, subject to legal and factual limits.

Because probate cases differ, this should be treated as a planning estimate, not a final legal determination. Estates with unusual asset structures, disputes, trust overlap, complex tax administration, or custom will provisions should be reviewed by qualified New York probate counsel.

New York Executor Commission Tiers (Commonly Used)

The standard bracket method often used in New York executor commission discussions is:

The calculator on this page applies these tiers automatically. This helps you quickly estimate how fees scale as estate value increases.

Executor Fee Examples in NYS

Example 1: $300,000 estate

First $100,000 at 5% = $5,000. Next $200,000 at 4% = $8,000. Estimated single-executor commission = $13,000.

Example 2: $1,000,000 estate

First $100,000 at 5% = $5,000. Next $200,000 at 4% = $8,000. Next $700,000 at 3% = $21,000. Estimated single-executor commission = $34,000.

Example 3: $6,000,000 estate

First $100,000 at 5% = $5,000. Next $200,000 at 4% = $8,000. Next $700,000 at 3% = $21,000. Next $4,000,000 at 2.5% = $100,000. Remaining $1,000,000 at 2% = $20,000. Estimated single-executor commission = $154,000.

Multiple Executors in New York

Co-executor compensation can be more complex than single-executor compensation. In many planning conversations, a simplified rule is used: where conditions are met in larger estates, multiple executors may be entitled to multiple full commissions up to statutory limits, while smaller estates may not generate multiple full commissions. Exact allocation can also depend on the will, court practice, and each executor’s role.

This calculator includes a practical estimate for multiple executors so users can model likely outcomes. Treat that result as informational and confirm final numbers with legal advice before making tax or distribution decisions.

What Counts Toward Commissionable Value

A major source of confusion is the difference between gross wealth and commissionable probate value. Some assets pass outside probate and may not be commissionable in the same way. Other assets are part of the probate estate and generally included in the commission calculation framework.

Typical factors that can affect commissionable value include:

For best results, enter only the amount likely to be treated as commissionable in your probate file rather than total household wealth.

When Are Executor Commissions Paid?

Executors often receive commissions during or at the end of administration, depending on estate liquidity, court oversight, and whether all interested parties agree. In some cases, partial or advance commissions are paid with appropriate approvals, while final commissions are set at judicial settlement of the account or upon consensual accounting and release procedures.

Timing matters for beneficiaries, tax reporting, and cash planning. If an estate holds illiquid assets like real property or private business interests, commission payment may be delayed until assets are sold or refinanced.

Are Executor Fees Taxable?

Executor commissions are generally treated as taxable income to the person receiving them. Beneficiaries who also serve as executor sometimes evaluate whether accepting commissions versus waiving them may have tax consequences. Decisions about waiving compensation can involve income tax, fiduciary accounting, and fairness among beneficiaries, so personalized tax and legal guidance is important.

From the estate side, commissions may be deductible in certain contexts, but tax treatment depends on the return type, elections, and current law. Always coordinate with a tax professional before filing fiduciary returns.

Common Mistakes to Avoid

Planning Tips for Executors and Families

Start with a realistic asset inventory and classify each item as probate or non-probate. Use this NYS executor fee calculator for an early estimate, then validate the numbers with your attorney once letters are issued and administration details are clearer. Keep organized records of all receipts, disbursements, and fiduciary actions. Good records protect the executor, reduce disputes, and support accurate commission calculations.

If siblings or multiple relatives are acting together, discuss commission expectations early and document major decisions. Clear communication prevents confusion and can significantly reduce administration friction.

Frequently Asked Questions

Is this NYS executor fee calculator legally binding?

No. It is an estimate tool for education and planning. Final commissions can differ based on court decisions, governing documents, asset classification, and case-specific facts.

Does this calculator apply to New York City estates?

Yes, it is designed for New York State statutory commission estimation generally, including NYC probate matters, but local practice details and case facts still matter.

What if the will sets a different fee amount?

If a valid will provides different compensation terms and those terms control, that may override the default statutory model. Legal review is recommended.

Should I include jointly owned assets?

Usually, you should enter assets expected to be commissionable in the probate estate. Jointly held or beneficiary-designated assets may pass outside probate and may be treated differently.

Can an executor waive commissions?

In many cases, yes, but a waiver can have tax and fairness implications. Executors often review this with legal and tax advisors before deciding.

Important: This page provides general information and estimation tools, not legal or tax advice. For an exact executor commission determination in New York, consult a qualified attorney and tax professional.