How Much Do Will Executors Get Paid in Each State?

When someone passes away, a well-written will can help make it easier for loved ones to handle the estate according to the person’s wishes. An executor takes responsibility for administering the estate, making sure to follow the will and any instructions from the court. Often, a loved one takes on the work of being executor. It’s also an option to have an attorney be the executor. Handling executor tasks can be a demanding (and time-consuming) mental and emotional duty, especially if the executor is a loved one, and it can feel delicate to bring up that it’s still work.

States agree that executors (also called personal representatives or fiduciaries) deserve compensation for their work, but there isn’t one set rule for what counts as a reasonable rate. Knowing your state’s laws can help you plan your own will thoughtfully or have a conversation with loved ones if you’ll likely be their executor in the future.

State Guide: Compensation for an Executor of an Estate

As an executor, you deserve to be paid for the work you provide to handle the estate. Many states specify that executors can claim “reasonable compensation,” but this amount can vary from state to state. The will itself may also have additional specifications about what to pay an executor, and many states may require you to renounce compensation as described in the will within a certain timeframe before claiming state-determined compensation. This may apply even if not explicitly noted here, so be sure to review expectations closely if you are appointed executor to be aware of any important deadlines.

None of the information below is legal advice, and you should consult a legal professional as needed to discuss questions about your state’s probate law and any factors that apply to your situation.

Learn what the law says in each of the 50 states and the District of Columbia to help you find what may apply in your state.

• Alabama:

  “Reasonable compensation” of up to 2.5% of the value of all property received and 2.5% of disbursements (payments made out of the estate to settle debts, pay for funeral expenses and administer the estate). A court can allow extra compensation for above-and-beyond services an executor might perform (e.g., coordinating the sale of a home).

• Alaska:

  Unlike many states, Alaska does not set a specific percentage but simply says executors can claim “reasonable compensation,” which may vary depending on factors like time and labor involvement, skills needed, complexity of the estate. One common option is to keep track of your hours and charge an hourly rate that feels reasonable, based on these factors.

• Arizona:

  “Reasonable” compensation, based on factors like time and difficulty of the work. Plan to keep an itemized record of the tasks you handle for the estate, dates, time spent working and your hourly rate, as some courts may expect to see a detailed account.

• Arkansas:

  “Just and reasonable” compensation up to 10% of the first $1,000 of the estate, 5% of the next $4,000, and 3% of the balance of the value of personal property the executor handles for the estate (executors only get compensated on the value of property they administer). The court may allow additional compensation for “substantial duties” regarding real property (e.g., selling a house), or decline to grant compensation if the executor fails to perform their duties in a satisfactory way. There are also some different percentage guidelines for compensation for an attorney, if the executor employs legal counsel to handle certain aspects of probate or administration of the will.

• California:

  California probate law sets allowable fees as 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million of the estate and 0.5% of the next $15 million.

• Colorado:

  “Reasonable compensation” is determined by the court. There’s flexibility in what method the executor chooses to charge their fee, and the court assesses various factors like time, skills required, size and complexity of the estate, similar fees in the community and other factors to consider whether the fee the executor asks for is reasonable.

• Connecticut:

  Connecticut has long-standing language authorizing “just and reasonable fees” for performing executor and other fiduciary services, without specific percentage guidelines. In practice, online sources estimate that 3-5% of the value of the estate is reasonable, and that fees under 4% are likely to pass muster with many probate judges in the state (of course, keep detailed records and consult legal counsel for advice in your situation).

• Delaware:

  Executors can claim a “reasonable” commission without specific percentages or rates.

• District of Columbia:

  “Reasonable compensation” for services, without specific percentages or rates.

• Florida:

  Compensation rates are 3% of the first $1 million of the estate, 2.5% for amounts over $1 million up to $5 million, 2% over $5 million and up to $10 million and 1.5 percent over $10 million. Extra compensation is allowed for “extraordinary services.”

• Georgia:

  Commission is 2.5% of all funds received by the estate and 2.5% of funds paid out of the estate for “debts, legacies or distributive shares.” The state code also allows for reasonable compensation “for the delivery over of property in kind,” at up to 3% of the fair value.

• Hawaii:

  “Reasonable compensation” for services, without specific percentages or rates.

• Idaho:

  “Reasonable compensation” for services, without specific percentages or rates.

• Illinois:

  “Reasonable compensation” for services, without specific percentages or rates.

• Indiana:

  The state allows for “just and reasonable” compensation, but some counties have developed more specific guidelines. Hamilton County, for example, sets the maximum compensation for attorneys acting as executor to 6% of the first $100,000, 4% of the next $200,000, 3% of the next $700,000 and 1% on amounts over $1 million. There are also specific fees for some of the “extraordinary” services that many states allow extra compensation for.

• Iowa:

  “Reasonable fees” are allowed up to a maximum of 6% of the first $1,000, 4% of the next $4,000 and 2% of amounts over $5,000.

• Kansas:

  Compensation determined in the will, or “just and proper” compensation without a specific percentage guideline.

• Kentucky:

  Compensation is up to 5% of the value of the personal estate, plus 5% of “the income collected by the executor” for the estate.

• Louisiana:

  As determined in the will, or 2.5% of the estate, with an option to petition the court if this amount is inadequate for the services performed.

• Maine:

  “Reasonable compensation” for services, without specific percentages or rates.

• Maryland:

  Personal representative compensation may be up to 9% of the first $20,000 of the administered estate, plus 3.6% of the value of the estate over the first $20,000.

• Massachusetts:

  “Reasonable compensation” for services, without specific percentages or rates.

• Michigan:

  “Reasonable compensation” for services, without specific percentages or rates.

• Minnesota:

  “Reasonable compensation” based on time and labor, complexity and the extent of the work. No specific percentages or rates.

• Mississippi:

  Compensation is “such sum as the court deems proper” based on the value of the estate and the extent of the executor’s duties.

• Missouri:

  Unlike many other states, Missouri sets a minimum rather than maximum threshold. Executor fees are 5% of the first $5,000, 4% on the next $20,000, 3% on the next $75,000, 2.75% on the next $300,000, 2.5% on the next $600,000 and 2% on all above $1 million. The court can allow for higher amounts if needed to make total compensation “reasonable and adequate,” even if the executor didn’t perform extraordinary services.

• Montana:

  “Reasonable compensation” for services, without specific percentages or rates.

• Nebraska:

  “Reasonable compensation” for services, without specific percentages or rates.

• Nevada:

  Compensation is determined in the will, unless the executor files a renunciation in writing within 60 days of their appointment. If they do file a renunciation or there’s no compensation specified in the will, executors are allowed a fee of 4% of the first $15,000, 3% of the next $85,000, and 2% of anything above $100,000 in the estate.

• New Hampshire:

  Reasonable fees “determined by the nature of the estate,” subject to the court’s approval, without specific percentages or rates.

• New Jersey:

  An executor is allowed 5% of the first $200,000, 3.5% on the next $800,000 and 2% on amounts over $1 million. Rules may change if there are multiple executors.

• New Mexico: “Reasonable compensation” for services, without specific percentages or rates.

• New York:

  Commission rate for an executor is 5% of the first $100,000, 4% of the next $200,000, 3% of the next $700,000, 2.5% on the next $4 million and 2% of anything above $5 million.

• North Carolina:

  Compensation is up to 5%“upon the amounts of receipts,” including the value of personal property administered through the will.

• North Dakota:

  “Reasonable compensation” for services, without specific percentages or rates.

• Ohio:

  Fees are stated more explicitly in Ohio than in some other states, consisting of 4% of the first $100,000, 3% of the next $300,000 and 2% of all amounts above $400,000. They can have a 1% fee on the value of real property that is not sold.

• Oklahoma:

  Executors are entitled to 5% of the first $1,000, 4% of the next $5,000 and 2.5% of all amounts over $6,000, excluding any property not ranked as an asset.

• Oregon:

  Executor fees are 7% of the first $1,000, 4% of the next $9,000, 3% of the next $40,000 and 2% of all above $50,000. Executors are allowed 1% of any property other than life insurance proceeds that isn’t subject to the jurisdiction of the court but is reportable for Oregon or federal estate tax. Further compensation may be allowable by the court for extraordinary and unusual services.

• Pennsylvania:

  “Reasonable and just” compensation, which state guidelines say may be calculated on a “graduated percentage” (as many other states do). A common compensation guideline is the “Johnson Schedule,” from a court decision in 1983. A modified-for-inflation version of the Johnson Schedule might look like 5% on the first $325,000, 4% on the next $325,000, 3% on the next $2.6 million, 2% on the next $3.25 and then continuing to reduce the percentage by 0.5 for every additional $3.25 million in the estate.

• Rhode Island:

  “Just” compensation as determined by the court, without specific percentages or rates.

• South Carolina:

  This state is rare for specifying a minimum compensation amount for executors (even if it’s only $50). The maximum is 5% of the combined appraised value of the probate estate, plus 5% of the sales proceeds from real property sales directed in the will or by court order (the exception being if the executor is the buyer).

• South Dakota:

  Personal representatives are entitled to “reasonable compensation,” either specified in the will or outlined by the state as 5% of the first $1,000 of personal property the personal representative accounts for, 4% of the next $4,000 and 2.5% of any amount over $5,000. Real estate the executor sells as part of probate proceedings counts as personal property, and the executor can also receive “just and reasonable” compensation for services they perform to account for real property.

• Tennessee:

  State law only mentions “reasonable compensation,” but some counties may lay out more specific guidelines.

• Texas:

  Executors can take a 5% commission on amounts they actually receive or pay out in cash to administer the estate, up to 5% of the fair market gross value of the estate. This doesn’t count funds that were kept in a financial institution or proceeds from a life insurance policy.

• Utah:

  “Reasonable compensation ”for services, without specific percentages or rates.

• Vermont:

  “Reasonable fees ”for services, without specific percentages or rates.

• Virginia:

  State law says fiduciaries are allowed “reasonable compensation ”without much further guidance. Some court guidelines suggest the Commissioner commonly follows a rate schedule of up to 5% of the first $400,000, 4% of the next $300,000, 3% of the next $300,000, 2% from $1 million to $10 million and by agreement with the Commissioner for estates valued over $10 million.

• Washington:

  “Just and reasonable”compensation without specific percentages or rates. Provisions in the will take precedence, so you would have to formally renounce the will’s compensation in writing before qualifying as personal representative in order to claim compensation according to the state.

• West Virginia:

  Personal representatives can take a commission of 5% of the first $100,000, 4% of the next $300,000, 3% of the next $400,000 and 2% for any amount over $800,000. They can also take a 1% commission on the value of real property that is not sold, and 1% on property that is not subject to probate administration but is includable for computing federal estate tax.

• Wisconsin:

  Executor compensation is 2% of the net value of the estate (minus outstanding mortgages or liens), or a rate agreed on by the deceased, the executor, and heirs with a majority interest.

• Wyoming:

  Executor or personal representative’s fees are 10% of the first $1,000 of the estate, 5% of the next $4,000, 3% of the next $15,000 and 2% of anything over $20,000.

Looking to name an executor to fulfill your wishes after you’re gone? Create an online will with Fabric by Gerber Life in minutes.

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