Skip to main content

Delaware Executor Compensation Calculator

The governing rule is a COURT RULE rather than a section of the Delaware Code, and it fixes no schedule: Court of Chancery Rule 192 allows commissions of personal representatives, and the fees of the attorneys who represent them, in a reasonable amount.

Loading calculator...

Does this estate need probate at all?

Executor pay only applies once the process is clear. Answer a few questions to see whether Delaware probate is likely.

Take the 2-minute assessment

Settling an estate right now? Answer a few questions for a free preview: how many steps your state requires, and your first deadline set by statute. No signup to start. The full plan is a paid upgrade.

See how the workspace works
What the Calculator Uses in DelawareThe method behind the estimate, and what it leaves out

Delaware has no statutory compensation formula to apply, so this page presents the rule rather than a computed fee. Compensation is a reasonable amount under Court of Chancery Rule 192(a), measured against the Rule 192(b) factors, presumed reasonable unless a beneficiary files an exception to the account under 12 Del. C. § 2302, and reducible by the Court of Chancery under 12 Del. C. § 2305 where the chapter 23 accounts are filed late. No dollar figure here is a court order, and the Register of Wills fees, which each county sets under 12 Del. C. § 2510, attorney fees, any bond premium, newspaper publication of the creditor notice and recording costs are all separate charges.

The estimate is a starting point, not a guaranteed fee. Courts can still review the work performed, the estate documents, and whether the representative is seeking compensation for services beyond the ordinary baseline.

What affects the feeOrdinary rules, extraordinary services, and tax consequences

Ordinary Fee Rule

The estimate begins with the state-specific ordinary compensation method, not a one-size-fits-all national formula.

Extraordinary Services

Sales of real property, business management, litigation, tax work, and unusual court proceedings can justify additional compensation in some estates.

Tax Consequences

Executor compensation is usually treated differently from the inheritance itself, which is why many fiduciaries consider whether waiving the fee creates a better tax result.

Frequently Asked Questions

How much does an executor get paid in Delaware?
A reasonable amount, with no schedule to look up. Court of Chancery Rule 192(a) allows commissions of personal representatives, and fees of the attorneys who represent them, in a reasonable amount. Rule 192(b) lists what reasonableness may be measured by: time spent, the risk and responsibility involved, the novelty and difficulty of the questions presented, the skill and experience of the personal representative and the attorney, any provision of the will about compensation, comparable rates for similar services in the locality, the character and value of the estate assets, the character and value of assets outside the probate estate that had to be valued for a death tax return, the time constraints imposed, business lost by accepting the administration, and the benefits obtained for the estate.
Does Delaware set a statutory percentage for executor fees?
No. Delaware publishes no statutory schedule, no tiers, no income rate and no separate real-estate rate, and the Delaware Code has no compensation section for a personal representative at all. Any Delaware figure presented as a schedule is a local custom or a private fee agreement rather than law. Court of Chancery Rule 192(b) goes further and declines to treat any single method as unreasonable in itself: a bill resting only on hourly rates, only on the value of the probate estate, or only on the value of the assets includible for tax is not unreasonable merely because of its shape.
Who decides whether a Delaware executor fee is reasonable?
A beneficiary does, in the first instance. Court of Chancery Rule 192(d) presumes commissions and fees reasonable unless a beneficiary files an exception to the account under 12 Del. C. § 2302, and Rule 192(e) requires the Register of Wills to print that warning in the notice it mails when the account is filed: unless you file an exception alleging the commissions or fees are unreasonable, you are deemed to consider them reasonable. The Court of Chancery keeps the power to reduce the amount even where no exception is filed.
Can filing late cost the executor part of the fee in Delaware?
Yes, and that is unusual enough to be worth knowing. 12 Del. C. § 2305 lets the Court of Chancery reduce commissions and attorneys' fees where the accounts required by chapter 23 are not filed within the required time. 12 Del. C. § 2301 requires an account every year from the date of letters, and the Register of Wills may extend that by up to six months for sufficient cause, so asking for time is the cheaper move than filing late.
What happens to the commission if a Delaware executor is replaced?
It is split rather than paid twice. 12 Del. C. § 1544 provides that commissions shall not be twice allowed where administration passes from one representative to another, but may be apportioned, or the whole may be allowed to the one who, according to the circumstances, ought to have it.
Is executor compensation taxable in Delaware?
Yes. Executor compensation is taxable income to the person who takes it, separate from anything they inherit, and the estate may deduct it as an administration expense. Delaware itself has no estate tax, no inheritance tax and no gift tax, so the tax question here is a federal and personal-income one.
Can an executor waive the fee in Delaware?
Yes, and family personal representatives often do, particularly where they are also the main beneficiary. Waiving avoids income tax on the compensation and gives up the estate deduction. Document the waiver, because the account is what the beneficiaries and the Court of Chancery will read.
Can a trust pay the executor's commission in Delaware?
Sometimes. Court of Chancery Rule 192(c) provides that where a trust permits or requires personal representative commissions or attorney fees to be paid from the trust, they may be paid from the trust in accordance with the rule. That matters in Delaware more than in most states, because a Delaware estate is often the smaller half of a plan built around a trust.
Official Sources and Further ReadingOfficial references used for this page

Information current as of May 31, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Delaware can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

More Delaware Resources

Explore the rest of the Delaware probate hub.

Do I need probate?5 pages
For the executor3 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages