Legal Question in Wills and Trusts in New York

Re: Executrix Fees

Unless the Will states you are not allowed to be paid a fee, you are allowed a fee by statute, at the rates set by statute. This can be ascertained by looking at the Surrogate'sb site, and are based upon the size of the probate estate (assets passing by the Will, but not including jointly held assets, assets registered as POD or assets with a named beneficiary, all of which pass outside probate). The fee is income to you for your services, but is not subject to social security taxes as on other earnings. You need not take the full fee allowed by statute, if you do not want to.