The amount can be stated in the will and, if silent, is set forth in state statutes.
New York: If your will is silent on the amoutn, the executor's fee is 5 percent of the first $100,000 in the probate estate; 4 percent of the next $200,000; 3 percent of the next $700,000; 2.5 percent of the next $4 million; and 2 percent of all greater than $5 million. The fee is paid by the estate and deductible from estate taxes.