Legal Question in Wills and Trusts in New York

Re: Executor Fees

Executor's commissions are set by statute (Surrogate's Court Procedure Act, Section 2307) which is available on line (try a site like findlaw.com). They are usually a sliding scale depending upon the size of the estate. The statutory fee can vary based upon a variety of factors such as: are you a member of the family, are you a beneficiary also, are you also the attorney for the estate, etc.) The statute can act as a guideline, and is not inviolate as to the actual fee to charge.

Re: Executor Fees

The fees vary. In the past, the fee was often a percentage of the total estate. Now, since there is so much more competition among lawyers for business, the fees are negotiable. For a small estate, more than 500 dollars is a lot and more than 1500 is too much. A non-lawyer who is a member of the family or a family friend will often do the job for no fee. You are welcome to a consultation for no fee at my offices at 42 west 44th st, ny,ny. Please call for an appointment first - 646-591-5786.

Re: Executor Fees

The fees for Executors (called commissions) are set on a sliding scale by statute.

Generally, approximately 3% of the amount subject to Probate.

Remember that jointly owned property or property held in trust is not subject to Probate.