Does Each Executor Receive A Full Commission? Richard A. Whitney

We have 2 Executors for father's Estate in NY State (Erie County) worth $215,564. Will they each get the same full commission? The estate lawyer states they each will get $8,888. I find the amount rather high for the work done. SCPA Section 23 is very confusing. Can the beneficiaries not give them the full amount?

-- Anonymous

A. 

The estate lawyer you mentioned is correct. Each executor is entitled to a full commission. Surrogate's Court Procedure Act Section 2313 provides that with respect to a person dying after August 31, 1993, if there are 2 executors, each one gets a full commission. SCPA Section 2307(5) does not provide otherwise. All it does is fix the amount of the commissions according to the value of the estate. The application of each section yields the same result. Each of the 2 executors is entitled to a full commission. The beneficiaries of the estate cannot force the executors to accept less than their statutory commissions, assuming they have done their job as executors. The Surrogate's Court can, however, deny commissions to a fiduciary who has caused the estate to lose money or who has acted dishonestly.

-- Richard A. Whitney