Where costs are awarded against a fiduciary, they shall be chargeable only upon the estate, fund or person he represents, unless the court directs them to be paid personally for mismanagement or bad faith in the prosecution or defense of the action.
§ 8110.Costs against a fiduciary
Article 81. Costs Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 8110 charges costs awarded against a fiduciary to the estate, fund, or person the fiduciary represents, unless the court orders the fiduciary to pay personally for mismanagement or bad faith.
Full Text of CPLR 8110
Plain-English Summary
CPLR 8110 protects a fiduciary, such as an executor, administrator, or trustee, from personal liability for costs incurred in litigating on behalf of an estate, fund, or person. The default rule charges those costs only against the estate, fund, or person represented, not against the fiduciary individually.
That protection has a limit. If the court finds mismanagement or bad faith in the prosecution or defense of the action, it can direct that the fiduciary pay the costs personally rather than out of the estate or fund. The mismanagement or bad-faith finding is what shifts the burden from the represented interest to the fiduciary.
Frequently Asked Questions
Who normally pays costs awarded against a fiduciary?
The estate, fund, or person the fiduciary represents, not the fiduciary personally.
When can a fiduciary be made to pay costs out of pocket?
When the court directs personal payment because of mismanagement or bad faith in the prosecution or defense of the action.
Does CPLR 8110 apply to trustees as well as executors and administrators?
Yes, the section uses the general term fiduciary, which reaches trustees along with executors and administrators.
Is a finding of bad faith required before costs can be assessed against the estate itself?
No. Charging costs against the estate, fund, or person represented is the default; a mismanagement or bad-faith finding is what is needed to shift costs to the fiduciary personally.
Does this section change the underlying right to costs, such as under CPLR 8101?
No. It addresses only who bears the costs once awarded against a fiduciary, not whether costs are awarded in the first place.
Advisory Committee Notes
This section is derived from the last clause of CPA § 1500. The first clause of CPA § 1500 has been omitted as unnecessary. It stated that in an action brought by or against a fiduciary in a representative capacity costs were awarded as against a person prosecuting or defending in his own right. The provision was misleading if it was read to limit such treatment to cases where the fiduciary was acting in a representative capacity. Where the fiduciary does not act in a representative capacity, the rule is the same. The language of the former section “an executor or administrator in his representative capacity or a trustee of an express trust” has been replaced by the single term “fiduciary,” and the rule has been extended to all cases of mismanagement or bad faith rather than the former limitation to “mismanagement or bad faith in the prosecution or defense of the action.” Moreover, this section excludes “a person expressly authorized by statute to sue or be sued.” The phrase is ambiguous. The identical phrase appeared in CPA § 210, but it has been omitted in § 1004.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: costs against a fiduciary New Yorkexecutor personal liability for coststrustee bad faith costs CPLRcosts charged to estate New YorkCPLR 8110 mismanagement costs