Executor fee field guide
Executor fees by state: find the rule before you pay yourself.
There is no national executor fee. The state handling probate may use a formula, a reasonable-compensation test, court discretion, or terms in the will. Start with that state’s current official rule, then confirm the paperwork and approval needed for this estate.
The direct answer
What determines an executor fee?
An executor fee is compensation from the estate for administration work. It is separate from repayment for estate costs you covered. The allowed amount and timing can depend on state law, the will, local court rules, the work performed, and required approval.
Do not calculate from the estate’s headline value yet
A percentage may apply to only certain property or transactions. A “reasonable” fee may depend on time, difficulty, skill, and results instead. First identify the rule and the value base it uses.
- Formula: copy every tier, cap, and definition.
- Reasonable compensation: document time and why each task was needed.
- Will provision: check how state law and the court treat it.
- Extra work: ask whether a separate request is required.
State-by-state starting point
Choose the state where the probate case is open
The executor’s address is not the shortcut. Use the jurisdiction shown on the court papers. Then open that state’s court or legislature source and search for “personal representative compensation,” “executor compensation,” and “commission.” Personal representative is the legal label many states use for an executor or administrator.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
- Find the official state court website through USA.gov
- Open the state legislature website directory from Congress.gov
Source check: Prefer the current statute, court rule, official form, and instructions over a fee calculator or law-firm summary. Save a copy or link in the estate file because rules and forms can change.
Turn research into a usable record
Complete this executor fee worksheet
A clean one-page summary gives the probate attorney, tax professional, court, and beneficiaries the same set of facts. That is far better than a number copied from a search result.
Estate and court: ____________________
State and county: ____________________
Will compensation term: ____________________
Official statute or court rule: ____________________
Fee method and calculation base: ____________________
Notice, consent, accounting, or approval required: ____________________
Documents supporting the request: ____________________
Legal and tax reviewers: ____________________
From rule to request
How to check and claim an executor fee
The exact order and forms vary by state and court. This sequence keeps the legal question, the math, and the paper trail together.
- Confirm the controlling state. Use the state where the probate case is open. Your home state may not control the estate.
- Read the will. Record any compensation clause, but do not assume it overrides state law or court requirements.
- Open the current official rule. Use the state legislature, state judiciary, or probate court source. Note the section number and the date you checked it.
- Identify the fee method. Write down whether the rule uses a formula, a reasonable-compensation test, court discretion, or another method.
- Build the support file. Keep a time log, task notes, receipts, asset values used in any calculation, and the proposed accounting.
- Get review before payment. Confirm notice, consent, accounting, court approval, and tax treatment with the estate’s licensed advisers.
Keep the task moving
Use the rest of the executor fee cluster
This page gets you from the right state to a review-ready file. Use the related guides for the broader explanation, detailed schedules, and the records behind the request.
Your next action
Start a work log before the details disappear into the paperwork.
Good Grief gives death admin a coordination layer for tasks, documents, and follow-ups across institutions that do not talk to each other.