Legal Question in Wills and Trusts in New York

Re: Executor Commisions

It is a sliding scale, begining at about 3% for each Executor. If the Executor is an heir, it it usually better to waive the commission since it is taxable income.

The actual amounts are listed in the Surrogate Court Procedures Act which may be accessed online.

Re: Executor Commisions

Unless the Will limits the amount of the commission, it is calculated on a sliding scale. The current rate is 5% of the first $100,000, 4% of the next $200,000, 3% of the next $700,000, and 2.5% of the next $4 million. Anything above that is 2%.

Most New York lawyers will charge you a fee equal to the executor's commission, which almost always results in a windfall to the lawyer. You should shop around and try to find a lawyer who will charge you an hourly rate.

Re: Executor Commisions

BOTH ARE COVERED BY STATUTE AVAILABLE AT THE SURROGATE'S OFFICE OR ON-LINE AT THE SURROGATE'S WEBSITE. THE STATUTES TELLS YOU WHAT IS ALLOWED AND HOW TO CALCULATE, SINCE IT IS USUALLY A SLIDING SCALE AS THE ESTATE VALUE INCREASES.