Serving as executor is real work — collecting assets, dealing with the Surrogate's Court, paying debts, filing taxes, and answering to beneficiaries. New York law recognizes that by giving executors a statutory commission, calculated on a sliding scale set out in SCPA §2307.
The sliding scale under SCPA 2307
The commission is a percentage of the estate funds the executor receives and pays out, and the rate steps down as the estate gets larger. The brackets run 5% on the first band of estate value, then 4%, then 3%, then 2.5%, and finally 2% on the largest estates — so the first $100,000 handled earns a higher rate than the millions above $5,000,000. The practical effect: on a typical mid-sized estate, the commission works out to a low single-digit percentage of the whole, and the blended rate falls as estates grow.
What counts — and what doesn't
Commissions are generally calculated only on property the executor actually administers. Assets that pass outside the estate — joint accounts with survivorship, life insurance paid to a named beneficiary, trust assets — typically don't count. Specifically bequeathed items ("my ring to my daughter") are also excluded. If two or more executors serve, larger estates may support full commissions for more than one, while smaller estates require sharing.
Why family executors often waive it
Commissions are taxable income to the executor, while an inheritance generally isn't. A child who is both executor and main beneficiary often waives the commission and simply takes more as inheritance. An attorney can run both numbers before you decide — part of the guidance we provide in probate and administration matters.
How Schwartsman Law Group can help
Schwartsman Law Group PLLC advises executors on commissions, accountings, and every step of Surrogate's Court practice. Founding attorney Marianna Schwartsman and her team serve clients from offices in Brooklyn, Manhattan, and Manhasset, in English, Spanish, and Russian. Call +1 212 518 3868, email ms@schwartsmanlaw.com, or request a free consultation.