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Texas Executor Compensation Calculator

Texas commissions are generally based on commissionable cash actually received and paid out during administration.

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

Texas ordinary commissions are generally based on commissionable cash actually received and paid out during administration. They are not based on a flat percentage of total estate value.

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 Texas?
In Texas, executor compensation is generally a commission on cash actually received and paid out during administration, subject to the Texas Estates Code. It is not a flat percentage of the gross estate value.
Is executor compensation taxable in Texas?
Yes. Executor compensation is considered taxable income and must be reported on the executor's personal income tax return. The estate may also deduct the compensation as an administration expense.
Can an executor waive their fee in Texas?
Yes. An executor can choose to waive their compensation, which is common when the executor is also a primary beneficiary. Waiving the fee avoids income tax on the compensation but also means forgoing the deduction from the estate.
What are extraordinary fees for executors in Texas?
Texas law may allow additional reasonable compensation for services not covered by the standard commission, depending on the work performed and the court order.
What does not count toward the commission base in Texas?
The commission does not apply to the full gross estate value. Assets that pass outside probate (life insurance paid directly to a named beneficiary, retirement accounts with named beneficiaries, payable-on-death or transfer-on-death accounts, property in a revocable living trust, and survivorship property) are not commissionable because the executor does not receive them. The surviving spouse's own half of community property belongs to the spouse, not the estate, so it is outside the base. Real property that is not sold during administration generally does not generate a commission because no cash proceeds pass through the estate.
Can a Texas will change the executor's commission?
Yes. The will can specify a fixed fee or a different percentage, state that the executor serves without compensation, or stay silent, in which case the statutory commission applies. If the will specifies a fee (or no fee), the executor is generally bound by that provision; an executor who is not happy with the will's compensation provision can decline to serve.
Can a Texas court reduce or deny the executor's commission?
Yes. Texas Estates Code section 352.004 gives the court authority to wholly or partly deny the commission if the executor has not taken care of and managed estate property prudently, or has been removed. Grounds can include negligence or mismanagement, breach of fiduciary duty, failure to timely file required documents, unreasonable delay, or paying invalid claims.
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 Texas can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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