Legal Question in Wills and Trusts in New York
Co-Executor Fees In New York
APRIL 9, 2001
There are 2 co-executors to an estate in New York. Does each co-executor receive the 2% executors fee of a $5 million estate, or do both co-executors share the 2% fee?
3 Answers from Attorneys
Re: Co-Executor Fees In New York
Each one of the two executors is entitled to a full commission.
The commission on a $5,000,000 estate is slightly higher than 2% because higher percentage rates apply to the first $1,000,000.
Re: Co-Executor Fees In New York
Excecutors split the fees, but there may be an additional allowance for more than one executor.
Re: Co-Executor Fees In New York
Yes. The SCPA permits the payment of a
full commission to two executors. This is
pro-rated only where there are more than two
This is also a good tax dodge, and a tax
planning tool. The maximum individual
income tax rate is less than the estate tax
rate at the size of this estate. The
commissions are deductible against the estate
tax, thus resulting in more money to the
beneficiaries.
The tax planning ability is quite good with
estates of this size, and the attorney for
the estate should be verse in these income/
estate tax choices. These should not
be delegated to an accountant, but should
be handled by an attorney with tax expertise