NY Trustee Commission: Rates & How It Works (2026)
New York writes the trustee’s commission into statute. SCPA § 2309 sets a two-part commission: 1% of principal sums paid out, plus tiered annual commissions on principal value. On a mid-size trust the annual commission runs from $2,625 to $18,900 a year. Below are the real schedule, the math, and how to compute your own number.
If you are looking for the broader guide on New York trustee fees - including the 5% executor trap, instrument displacement, and family-trustee waivers - see our New York Trustee Fees page. Its worth a read if you havent already.
New York trustee fee at a glance
Fee basis
Statutory commission schedule - SCPA § 2309
Customary range
$2,625 to $18,900/yr on principal value
Court involvement
Commissions allowed on settlement
- $250,000 trust$2,625
- $750,000 trusttypical$5,775
- $2,000,000 trust$9,900
- $5,000,000 trust$18,900
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Commission vs fee in New York
In New York the words are interchangeable in casual conversation, but the statute says commission. SCPA § 2309 gives trustees a commission of 1% on principal sums paid out plus annual commissions on principal value. The term matters because § 2307 - the 5%-of-income/5%-of-principal schedule - is a fiduciary fee for executors, not trustees. Searching for "trustee fee" often lands on the wrong statute, this page keeps the commission language straight.
The annual commission is the bulk of what a trustee earns. It computes once per trust year on principal value, tiered so larger balances pay lower marginal rates. The payout commission only shows up in years the trust actually distributes principal. Some years its zero, other years its a big line item.
The § 2309 annual commission tiers
Under § 2309(2) the annual commission attaches to the trust’s principal value each year. The trustee computes on year-end value, or elects year-beginning value once and is bound by that election. Its a subtle distinction but it matters for timing.
| Tier of principal value | Rate per $1,000 |
|---|---|
| First $400,000 | $10.50 |
| Next $600,000 | $4.50 |
| Above $1 million | $3.00 |
Add the separate 1% commission on principal sums paid out that year, allowed at settlement. Income distributions do not trigger it.
Annual commission at common trust sizes
$250,000 trust
$2,625
First tier only ($250k ÷ 1,000 × $10.50)
$750,000 trust
$5,775
$4,200 + $1,575 (typical family trust)
$2,000,000 trust
$9,900
Three tiers: $4,200 + $2,700 + $3,000
$5,000,000 trust
$18,900
$4,200 + $2,700 + $12,000
Use the calculator below to plug in your own trust size and see the statutory annual commission.
Calculate your New York trustee commission
Enter your trust’s principal value and any expected principal distributions. The tool applies the § 2309 tiers and returns the estimated annual commission.
Open the NY Commission CalculatorFor informational purposes only; not legal or tax advice.
The full picture: New York trustee fees
This page covers the commission math. The New York Trustee Fees guide goes deeper: the 5%-vs-§-2309 trap, when instruments displace the schedule, how commissions split between income and principal, the annual-statement requirement, and what happens at settlement when a beneficiary objects.
Read the full NY trustee fee guideThis page is general information, not legal advice. Commission questions turn on your trust instrument’s terms and New York fiduciary law. Consult a New York estates attorney before taking or objecting to a commission. See the disclaimer.
Updated October 2026