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Massachusetts Executor Compensation Calculator

Massachusetts publishes no percentage schedule and no guideline rate.

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What the Calculator Uses in MassachusettsThe method behind the estimate, and what it leaves out

For Massachusetts, this page is informational rather than a fee computation, because M.G.L. c. 190B, § 3-719 provides no statutory schedule to apply. It explains the reasonable-compensation standard, the will-provision rule and the written renunciation that can displace it, the rule that a voluntary personal representative under § 3-1201 serves without a fee, and the separate attorney compensation the court may fix under M.G.L. c. 215, § 39A. The Probate and Family Court reviews reasonableness, so verify the amount for the specific estate.

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 Massachusetts?
In Massachusetts, M.G.L. c. 190B, § 3-719 says a personal representative is entitled to reasonable compensation for services. The statute sets no schedule, no dollar figure, and no guideline rate, and the Probate and Family Court publishes none, so any percentage-of-estate figure quoted for Massachusetts has no statutory basis. Keep records of the time spent and the work performed, because that is what supports the amount taken.
Does a voluntary personal representative get paid in Massachusetts?
No. The Massachusetts small-estate route, voluntary administration under M.G.L. c. 190B, § 3-1201, requires the voluntary personal representative to pay the funeral, last-sickness, and administration expenses without a fee for services, then pay the remaining debts in the § 3-805 order and distribute the balance. Reasonable compensation under § 3-719 belongs to a personal representative appointed in a probate proceeding, not to someone acting on a voluntary administration statement.
Can a Massachusetts will change the personal representative’s compensation?
Yes. Where the will provides for compensation and there is no contract with the decedent about compensation, that provision governs unless the personal representative renounces it. Under M.G.L. c. 190B, § 3-719 the personal representative may renounce the will’s provision before qualifying and take reasonable compensation instead, and may renounce the right to all or part of the compensation by a written renunciation filed with the court.
Is the attorney fee separate in Massachusetts?
Yes, and Massachusetts sets no schedule for that either. M.G.L. c. 215, § 39A lets the Probate and Family Court hear an application to fix and determine an attorney’s compensation and expenses at any time during administration, and the court awards it on an equitable basis according to the size, importance, complexity, and difficulty of the matters involved and the time spent on them. That is a separate charge from the personal representative’s own compensation.
Who reviews executor compensation in Massachusetts?
The Probate and Family Court. Compensation must be reasonable, and it is one of the questions the court may resolve under M.G.L. c. 215, § 39B, which lets the court order reasonable counsel fees and expenses paid out of the estate in a contested proceeding on an account or to determine a fiduciary’s powers, duties, services, or compensation. An interested person who thinks the amount is too high raises it there.
Is executor compensation taxable in Massachusetts?
Executor compensation is usually taxable income, separate from an inheritance. Review the income-tax and estate-accounting effects before taking or waiving a fee.
Can a personal representative waive their fee in Massachusetts?
Yes, and Massachusetts lets the personal representative renounce the right to all or part of the compensation by a written renunciation filed with the court. Document the choice, because it can affect income tax, the estate accounting, and what the other beneficiaries expect to receive, especially when the representative is also a beneficiary.
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 Massachusetts can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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