Executor Fees: What Does an Executor Get Paid?

Three Models of Executor Compensation

Here's the thing about executor pay: it comes down to 3 models, and your state picks one. About 12 states — California, New York, New Jersey, Arkansas, Missouri, Wyoming — use statutory percentage fees fixed in their probate codes. Roughly 38 states use a reasonable-compensation standard that typically lands between 2% and 5% of estate value. A few (Florida is the clearest example under §733.617) blend both. The model determines everything that follows.

Statutory percentage states set executor fees as a fixed percentage of the estate value, defined by state law. Approximately 12 states use this model, including California, New York, New Jersey, Arkansas, Missouri, and Wyoming. The advantage of statutory fees is predictability — you can calculate the exact fee before probate begins. The disadvantage is that the fee may not reflect the actual work involved. An executor of a $2 million estate consisting of one bank account and one house receives the same statutory fee as an executor of a $2 million estate consisting of 15 accounts, rental properties, a business, and disputed claims.

Reasonable compensation states — roughly 38 states including Texas, Florida, Illinois, Ohio, Pennsylvania, and most others — allow the executor to be paid a 'reasonable' amount based on the complexity of the work, the time spent, the skill required, and the results achieved. In practice, reasonable compensation typically falls between 2% and 5% of the estate value, with 3% being the most common benchmark. The court must approve the fee, and beneficiaries can object if they believe the amount is excessive.

A handful of states use a hybrid approach. Florida, for example, sets statutory fees for the personal representative under Florida Statutes §733.617 (3% of the first $1 million, 2.5% of the next $4 million, 2% of the next $5 million), but also allows reasonable compensation that 'takes into account the nature, extent, and value of the services rendered.' In practice, Florida executors typically receive between the statutory amount and 5% of the estate. Use our Executor Fee Calculator to see which model applies in your state and calculate the estimated fee.

Statutory Fee Schedules: State-by-State Numbers

California's executor fee schedule under Probate Code §10800 is the most widely known statutory schedule in the country. The fees follow a declining percentage of the gross estate value: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% of the next $15 million. On a $500,000 estate, the executor earns $13,000. On a $1 million estate, the fee is $23,000. On a $2 million estate, $33,000.

New York uses a slightly different structure under SCPA §2307: 5% of the first $100,000, 4% of the next $200,000, 3% of the next $700,000, 2.5% of the next $4 million, and 2% of anything above $5 million. On a $500,000 estate, the executor earns $19,000 — $6,000 more than the California fee on the same size estate. On a $1 million estate, New York yields $34,000. New York's fee schedule is among the most generous in the country for estates under $5 million.

New Jersey's executor corpus commissions are set by NJSA 3B:18-14: 5% of the first $200,000, 3.5% of everything between $200,000 and $1 million, and 2% above $1 million. Income received during administration (rent, dividends, interest) is compensated separately at 6%. On a $500,000 estate, the New Jersey executor earns approximately $20,500 in corpus commissions, plus any income commissions on receipts during administration.

Missouri under RSMo § 473.153 allows a fee of up to 5% of the first $5,000, 4% of the next $20,000, 3% of the next $75,000, 2.75% on the next $300,000 ($100K–$400K), 2.5% on the next $600,000 ($400K–$1M), and 2% on anything above $1M. Arkansas sets the fee at 10% of the first $1,000, 5% of the next $4,000, and 3% of everything above $5,000 in personal property, plus reasonable compensation for managing real property. Wyoming under Wyo. Stat. § 2-7-803 uses a graduated schedule: 10% on the first $1,000, 5% on the next $4,000 (up to $5,000), 3% on the next $15,000 (up to $20,000), and 2% on everything above $20,000. See our executor fees by state guide for the complete breakdown of all 50 states.

Reasonable Compensation: What Courts Actually Award

In the 38 states that use reasonable compensation, the executor fee is determined on a case-by-case basis and must be approved by the probate court. While there is no fixed formula, courts have developed benchmarks through decades of case law. The most commonly cited range is 2% to 5% of the gross estate value, with the median hovering around 3% for estates between $500,000 and $5 million.

Courts evaluate several factors when determining reasonable compensation. The time spent is the most straightforward — an executor who logs 200 hours managing a complex estate with litigation will receive more than one who spends 40 hours on a simple estate. Most courts expect executors to keep detailed time records, similar to an attorney's billing records. Hourly rates imputed by courts for executor time vary from $25 to $75 per hour for non-professional executors and $100 to $300 per hour for professional fiduciaries such as trust companies and estate attorneys.

The complexity and risk of the estate significantly affect the fee. An executor who must manage ongoing business operations, resolve contested claims, sell real estate in multiple states, handle tax audits, or litigate will beneficiary disputes is providing services worth more than basic bill-paying and asset distribution. Courts regularly approve higher-than-average fees (4% to 5%) for exceptionally complex estates and lower-than-average fees (1% to 2%) for simple ones.

To illustrate: on a $750,000 estate in Texas with two bank accounts, a house, and three beneficiaries who all agree, a reasonable executor fee would likely be $15,000 to $22,500 (2% to 3%). On a $750,000 estate in Ohio that includes a small business, a contested will, and five beneficiaries in different states, a reasonable fee might be $30,000 to $37,500 (4% to 5%). Use our Executor Fee Calculator to estimate the likely range for your specific state and estate complexity.

Court-Approved Fees and the Objection Process

In both statutory and reasonable compensation states, executor fees must be approved by the probate court. This approval process serves as a check on excessive fees and provides beneficiaries with an opportunity to object. Understanding the approval process helps both executors and beneficiaries protect their interests.

The executor typically requests their fee by filing a petition or including the fee in the estate's final accounting. The petition must detail the services performed, the time spent, and the fee requested. In statutory fee states, the petition simply references the statute and applies the mathematical formula. In reasonable compensation states, the petition must justify the amount based on the factors the court considers — time, complexity, skill, results, and local custom.

Beneficiaries receive notice of the fee request and have a window (typically 15 to 30 days) to file an objection. Common grounds for objecting include: the fee exceeds the statutory amount or reasonable range, the executor did not perform the services claimed, the executor delegated work to professionals (whose fees were paid separately) and is double-counting, or the executor's poor performance (delays, mismanagement) does not justify the fee requested.

If a beneficiary objects, the court holds a hearing where both sides present evidence. The executor must demonstrate the value of their services, and the beneficiary must show why the fee is unreasonable. Courts have broad discretion to set the final fee amount. In practice, contested fee disputes are resolved by the court setting a fee somewhere between the amount requested and the amount the beneficiary argues for. The cost of litigating a fee dispute — $2,000 to $10,000 in attorney fees per side — often makes negotiation a more practical option.

Professional fiduciaries — banks, trust companies, and estate administration firms — typically charge according to their published fee schedules, which are presented to the court for approval. These schedules generally range from 1% to 2% of the estate value per year, plus transaction fees for specific tasks like selling real property or managing investments. On a $1 million estate, a professional fiduciary might charge $10,000 to $20,000 annually, which can exceed the one-time fee a family member executor would receive.

Extraordinary Fees: When the Executor Earns More

Most states that use statutory fee schedules also allow executors to petition for 'extraordinary fees' — additional compensation for services that go beyond routine estate administration. Extraordinary fees are separate from the statutory amount and must be specifically approved by the court based on evidence of the additional work performed.

In California, extraordinary fees are governed by Probate Code §10811. Examples of services that may justify extraordinary fees include: managing or selling a business owned by the estate, handling litigation (will contests, creditor disputes, beneficiary lawsuits), managing rental properties during probate, resolving complex tax issues or audits, and negotiating settlements with creditors. Extraordinary fees are typically awarded on an hourly basis, with courts approving rates of $100 to $300 per hour for non-attorney executors and higher rates for executors who are also attorneys.

The amounts can be significant. On a $2 million estate with a contested will, an executor in California might receive $33,000 in statutory fees plus $15,000 to $40,000 in extraordinary fees, bringing the total executor compensation to $48,000 to $73,000. In New York, similar extraordinary fees may be awarded under SCPA §2307, with the court evaluating the additional work on a case-by-case basis.

To protect your right to extraordinary fees, keep detailed time records from the beginning of the administration. Document every task that goes beyond routine duties — every phone call with an attorney about litigation, every meeting with a business partner, every hour spent managing rental properties. Without contemporaneous time records, it is difficult to support a petition for extraordinary fees, and courts may deny or significantly reduce the request. Our Executor Fee Calculator helps you estimate both statutory and potential extraordinary fees based on the complexity of the estate.

Co-Executors: How Fees Are Split

When two or more people serve as co-executors, the total fee is typically split among them rather than multiplied. This is an important distinction that many families misunderstand. Naming three co-executors does not triple the executor fee — it divides it three ways.

In California, the statutory fee is calculated once based on the estate value, and the co-executors divide it equally (or as they agree). On a $1 million estate, the $23,000 statutory fee would be split — each of two co-executors receives $11,500, or each of three receives approximately $7,667. Some courts allow co-executors to divide the fee unequally if one did significantly more work than the others, but this requires a specific petition and court approval.

New York follows a different rule for co-executors that is more generous. Under SCPA § 2307, each co-executor is entitled to a full commission on assets they individually managed, and they share commissions proportionally on jointly managed assets. Under SCPA § 2307(5), if the estate value is $300,000 or more and there are three or more executors, up to three full commissions can be divided among them (with two executors, each is entitled to a full commission if the estate is $100,000+). On a $1 million estate with three co-executors, the combined commissions in New York can reach roughly three times the single-executor amount.

In reasonable compensation states, co-executor fees are evaluated individually based on each person's contribution. If one co-executor did 80% of the work and the other did 20%, the court may approve a proportional split. However, the total combined fee should not exceed what would be reasonable for a single executor performing all the work, unless the co-executors can demonstrate that their combined efforts provided greater value than a single executor could have. When choosing co-executors, consider whether the administrative benefit of shared responsibility outweighs the added complexity of splitting fees and coordinating decisions.

Tax Implications: Executor Fees Are Taxable Income

Executor compensation is taxable income to the executor. Fees paid to a nonprofessional executor (e.g., a family member handling a one-off estate) are reported as 'Other Income' on Form 1040 but are not subject to the 15.3% self-employment tax (IRS Publication 559). Only professional fiduciaries in the trade or business of being an executor pay SE tax. Where SE tax does apply (a CPA or attorney serving as executor as part of their practice, for example), the estate reports the payment on IRS Form 1099-NEC and the executor reports it on Schedule C.

For professional executors who do owe SE tax, the rate in 2026 is 15.3% (12.4% for Social Security on the first $184,500 of earnings, plus 2.9% for Medicare on all earnings, plus an additional 0.9% Medicare surtax on earnings above $200,000 for single filers). Combined with federal and state income tax, the effective tax rate on a professional fiduciary's fee can range from 30% to 50% depending on total income and bracket. Family executors only owe ordinary income tax, not SE tax — typically a 20%–35% effective rate.

For example, an executor in the 24% federal bracket who receives a $23,000 fee in California would owe approximately $5,520 in federal income tax, $3,519 in self-employment tax, and roughly $2,100 in California state income tax — a total of approximately $11,139 in taxes, leaving $11,861 after tax. That is a 48.4% effective tax rate on the executor fee. This is why many family member executors — particularly those who would inherit the same amount tax-free as a bequest — choose to waive their fee.

If the executor is a beneficiary of the estate, waiving the fee and receiving the same amount as an inheritance can be significantly more tax-efficient. Inheritances are not subject to income tax or self-employment tax (though they may be subject to state inheritance tax in a few states like Pennsylvania, New Jersey, Kentucky, Maryland, and Nebraska (Iowa repealed its inheritance tax effective January 1, 2025)). On a $23,000 executor fee versus a $23,000 inheritance, the tax savings from waiving the fee can exceed $10,000. Discuss this decision with a tax advisor before probate begins.

When to Waive Executor Fees

Waiving executor fees is a common choice for family member executors, but it is not always the right decision. The choice depends on the tax implications, the complexity of the estate, the executor's relationship with other beneficiaries, and the amount of work involved. Understanding when waiving makes sense — and when it does not — helps executors make an informed decision.

Waiving makes the most financial sense when the executor is also a beneficiary and would inherit an equal or greater amount from the estate. As discussed above, the tax savings from receiving the money as an inheritance rather than as compensation can be substantial — $5,000 to $15,000 or more on a typical statutory fee. If the executor is the sole beneficiary, waiving is almost always the better tax strategy because every dollar saved from taxes stays in the estate and flows to the executor as an untaxed inheritance.

Waiving may not make sense when the estate is complex and the executor's work is extensive. Serving as executor of a $2 million estate with a contested will, a business to manage, and five contentious beneficiaries can require 500 or more hours of work over 18 to 24 months. Waiving a $33,000 fee (California statutory on $2 million) in that scenario means working for free at roughly $66 per hour — a significant personal sacrifice, especially if the executor has had to take time off from their own job or incur travel expenses to fulfill their duties.

Waiving also does not make sense when the executor is not a beneficiary (or is a minimal beneficiary) of the estate. A friend named as executor, a professional fiduciary, or a distant relative who stands to inherit only a small fraction of the estate should generally accept their fee, since the work is substantial and they have no offsetting inheritance to receive. Similarly, if the executor incurs out-of-pocket expenses that will not be fully reimbursed by the estate, accepting the fee helps offset those costs.

If you are undecided, our Executor Fee Calculator can help you understand the dollar amount at stake, and a brief consultation with a tax advisor can quantify the tax savings of waiving versus accepting. Many executors also find it helpful to discuss the decision with the beneficiaries early in the process to avoid misunderstandings. A transparent conversation about whether the executor will accept compensation builds trust and can prevent disputes later in the probate process.