Why This Calculation Is Easy to Get Wrong
Executor compensation sounds simple, but the governing rule changes from state to state. Some systems use a formula. Others give the court more discretion. Some distinguish ordinary services from extraordinary services, which means the base number is only part of the picture.
That is why a state-aware calculator matters. Using the wrong input base can produce a number that feels precise but has little relation to what the court or statute actually supports.
Ordinary Compensation
The calculator starts with the ordinary fee rule that typically applies in the supported state.
Extraordinary Services
Litigation, tax work, business assets, and difficult property issues may justify additional compensation beyond the baseline figure.
Tax Context
The compensation itself is usually treated differently from the beneficiary inheritance, which matters when deciding whether to waive it. That choice comes up most for an executor who is also a beneficiary.
How to Use the Result
Treat the result as a working estimate, not an entitlement. The actual amount can depend on the court, the estate documents, objections from beneficiaries, and whether the representative performed services beyond the ordinary baseline.
After running the estimate, compare it to the likely court process with the probate assessment, estimate administration cost with the fee calculator, and review the role itself in the executor duties guide. Compensation for your time is separate from expense reimbursement; the estate owes you both, documented separately.
The Four Ways States Calculate Executor Fees
Every state's rule falls into one of a few method families, and knowing which family your state belongs to tells you what number to start from. 17 of the 37 states covered here use a reasonable-compensation standard with no formula at all; the rest set a statutory percentage, either in tiers or as a flat rate on a defined base.
Reasonable compensation, no formula (17 states)
The statute or court rule entitles the representative to reasonable compensation and gives the court the final word. There is no percentage to multiply; time records, the size of the estate, and the difficulty of the work set the number.
Arizona, Colorado, Connecticut, Illinois, Indiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, New Hampshire, New Mexico, Pennsylvania, Rhode Island, Tennessee, Vermont, Washington
Tiered percentage schedule (12 states)
The statute sets falling percentage bands as the base grows, the way income-tax brackets work. Two estates of different sizes produce different effective rates, so the bands have to be applied band by band, not averaged.
Arkansas, California, Florida, Iowa, Maryland, Missouri, Nevada, New Jersey, New York, Ohio, Virginia, West Virginia
Flat percentage on money in and money out (5 states)
The commission applies separately to what the representative receives and what the representative pays out or handles, so the same dollar can be counted on each leg. The input is money actually handled, not the estate’s paper value.
Flat percentage on one base (3 states)
One rate applied to one base, usually the inventory or the amount handled. The simplest family, but the base definition still decides the answer, and courts can adjust for unusual work.
Executor Fees by State: The Rule and the Statute
States do not agree on how to pay an executor. Some set a statutory percentage schedule, some allow a flat percentage on the value handled, and many use a “reasonable compensation” standard with no fixed formula. Here is the rule and the governing statute for each state we cover. Open your state to run the actual numbers.
| State | How executor pay is set |
|---|---|
| Alabama | Statutory compensation cap under Ala. Code § 43-2-848 |
| Arizona | Reasonable compensation under A.R.S. § 14-3719 |
| Arkansas | Maximum statutory compensation under Ark. Code Ann. § 28-48-108(a) |
| California | Ordinary statutory compensation under California Probate Code section 10800 |
| Colorado | Reasonable compensation under C.R.S. § 15-10-602/603 |
| Connecticut | Reasonable compensation under Probate Court Rules of Procedure rule 39 |
| Florida | Presumptively reasonable compensation under Florida Statutes section 733.617 |
| Georgia | Commission on money received and paid out under O.C.G.A. § 53-6-60 |
| Illinois | Reasonable compensation under 755 ILCS 5/27-1 |
| Indiana | Just and reasonable compensation under IC 29-1-10-13 |
| Iowa | Maximum statutory compensation under Iowa Code § 633.197 |
| Kentucky | Statutory 5% cap under KRS 395.150 |
| Louisiana | Default succession-representative commission (La. C.C.P. art. 3351) |
| Maine | Reasonable compensation under 18-C M.R.S. § 3-719 |
| Maryland | Statutory maximum commission under Md. Est. & Trusts § 7-601 |
| Massachusetts | Reasonable compensation under M.G.L. c. 190B, § 3-719 |
| Michigan | Reasonable compensation under MCL 700.3719 |
| Minnesota | Reasonable compensation under Minn. Stat. § 524.3-719 |
| Mississippi | Court-determined compensation under Miss. Code § 91-7-299 |
| Missouri | Minimum statutory commission under Mo. Rev. Stat. § 473.153 |
| Nevada | Ordinary statutory commission under NRS 150.020 |
| New Hampshire | Reasonable compensation under Circuit Court Probate Division Rule 88 |
| New Jersey | Statutory corpus commission under N.J.S.A. 3B:18-14 |
| New Mexico | Reasonable compensation under NMSA 1978, § 45-3-719 |
| New York | Statutory commission under N.Y. Surr. Ct. Proc. Act (SCPA) § 2307 |
| North Carolina | Clerk-reviewed commission cap under N.C. Gen. Stat. section 28A-23-3 |
| Ohio | Statutory ordinary compensation under ORC § 2113.35 |
| Pennsylvania | Court-reviewed compensation under 20 Pa.C.S. Section 3537 |
| Rhode Island | Compensation the probate court considers just under R.I. Gen. Laws § 33-14-8 |
| South Carolina | Statutory compensation cap under S.C. Code § 62-3-719 |
| Tennessee | Court-reviewed reasonable compensation under T.C.A. § 30-2-606 |
| Texas | Commission on cash actually received and paid out under Texas Estates Code section 352.002 |
| Vermont | Necessary expenses and reasonable fees under 14 V.S.A. § 1065 |
| Virginia | Commissioners of Accounts guideline (non-statutory; Va. Code § 64.2-1208 governs Commissioner oversight) |
| Washington | Reasonable compensation allowed by the court under RCW 11.48.210 |
| West Virginia | Statutory commission under W. Va. Code § 44-4-12a |
| Wisconsin | Statutory commission (2% of inventory) under Wis. Stat. § 857.05(2) |
Are Executor Fees Taxable?
Yes. An executor fee is taxable income to the person who takes it, reported on their personal tax return, while an inheritance is generally not taxed to the beneficiary. That difference is the reason a family member who is also a beneficiary often waives the fee: taking $20,000 as a fee and paying income tax on it can leave less than simply inheriting the same $20,000.
For a non-professional executor, the fee is usually reported as ordinary income and is not subject to self-employment tax; a professional executor who does this for a living generally does owe self-employment tax on it. Because the right call depends on your tax bracket and your share of the estate, this is a good question for a CPA or estate attorney.
Official Sources and Further Reading
Common Questions
How much does an executor get paid?
Is executor pay taxable?
Can an executor waive their compensation?
Does every estate pay the executor the same way?
Which states set executor fees by a percentage formula?
Note: This tool provides estimates for informational purposes only. Results are not legal advice. Fees and requirements may vary. Full disclaimer
Information current as of April 4, 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 your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.