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North Dakota Executor Compensation Calculator

North Dakota is a reasonable-compensation state rather than a percentage-commission state: N.D.C.C.

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

North Dakota has no statutory compensation formula to apply, so this page presents the rule rather than a computed fee. A personal representative is entitled to reasonable compensation under N.D.C.C. § 30.1-18-19, and the court may review its reasonableness and order a refund of anything excessive under § 30.1-18-21. A compensation provision in the will governs unless the personal representative renounces it before qualifying, and all or part of the fee may be renounced by a written renunciation filed with the court. No dollar figure here is a court order, and the $160 filing fee, attorney fees, any bond premium, an optional notice to creditors and recording fees are all separate.

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 North Dakota?
Whatever is reasonable for the work actually done, not a share of the estate. N.D.C.C. § 30.1-18-19 entitles a personal representative to reasonable compensation for services and names no figure, rate or tier, and no official North Dakota source publishes a court guideline. Any North Dakota rate presented as the executor fee is local custom or a private agreement rather than the law. Records of what was handled and when are what support a request if anyone questions it.
Who reviews the fee a North Dakota personal representative takes?
The district court, if someone asks. Under N.D.C.C. § 30.1-18-21, after notice to all interested persons or on petition of an interested person, the court may review the employment of any agent, including an attorney, and the reasonableness of the compensation of the personal representative and anyone the estate employed, and order anyone who received excessive compensation to refund the excess. So a North Dakota personal representative who sets a fee is making a decision the court can revisit.
What if the will already sets the fee in North Dakota?
The will governs, and getting out of it has a deadline. Under N.D.C.C. § 30.1-18-19, if the will provides for compensation and there is no contract with the decedent about it, the personal representative may renounce the provision before qualifying and take reasonable compensation instead. Read the compensation clause before accepting the appointment, because once qualified the will's provision applies.
Can a North Dakota personal representative give up the fee?
Yes, in whole or in part. N.D.C.C. § 30.1-18-19 lets a personal representative renounce all or any part of the compensation by a written renunciation filed with the court. A personal representative who is also a main beneficiary often does, because the same money then arrives as an inheritance rather than as taxable income.
What happens to fees if a North Dakota estate stays open too long?
They get examined. Under N.D.C.C. § 30.1-21-03.1, if no closing statement has been filed within three years of the death, an heir, devisee, distributee or claimant may petition, or the court may act on its own, for an order requiring the personal representative and the attorney to show cause why the estate is not closed. Their report must include a detailed accounting of every fee paid to the personal representative and the attorney, and the court may award attorney's fees and costs to the person who petitioned.
Are attorney fees separate from the executor fee in North Dakota?
Yes. Both come out of the estate and both can be reviewed under N.D.C.C. § 30.1-18-21. North Dakota sets no percentage for either role. If an attorney's fee is based on the value of the estate, the fee agreement must be in writing and mailed to the heirs under the will, or notice given to all heirs in an intestate estate. Both are separate again from the court filing fee, which is $160 to open a North Dakota estate in every county.
Is executor compensation taxable in North Dakota?
A fee for serving is taxable income to the person who takes it, while an inheritance is not. North Dakota has no inheritance tax and no estate tax for deaths after 2004, so for a family member who is also a beneficiary the income-tax difference is often what decides whether taking the fee is worth it. Review the income-tax and estate-accounting effects before taking the fee or renouncing it.
Is the person in charge called an executor or a personal representative in North Dakota?
North Dakota law uses personal representative, the term that covers both someone named in a will and someone appointed without one, and people still say executor. N.D.C.C. § 30.1-18-19 is titled compensation of personal representative. Whichever word the family uses, the same reasonable-compensation rule applies and the same district court can review it.
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 North Dakota can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.