Reimbursement, Compensation, and Fees

Executor Compensation Cash Register

An executor is entitled to reimbursement for reasonable expenses, and fees or compensation for his or her services (see state-specific calculator at bottom of page).

Cost Reimbursement

An executor is entitled to reimbursement from the estate proceeds for legitimate and reasonable estate administration costs, such as death certificate copies, notarization of documents, the EstateExec licensing fee, and even travel costs strictly associated with managing the estate. Once you have an estate banking account established, you can often pay directly for these costs, so that no reimbursement is necessary, but you should keep good records in case you later have to justify your expenditures to the IRS or to estate heirs.

Executor Compensation / Fee

An executor is also generally entitled to compensation (i.e., an executor fee) from the estate proceeds for his or her services, although some executors choose not to exercise this right. If the will specifies executor compensation, those specified terms generally prevail. If there is no will, or the will is silent or unspecific on the matter of executor compensation, then state-specific rules come into play (see below).

You may wish to discuss your compensation with the other heirs early during the process, so they don't end up surprised and unhappy when they notice their shares are somewhat less than expected. You may also want to leave the door open to modify your planned compensation as the process unfolds and you determine how much or how little work will actually be required on your part.

Keep in mind that there may be some situations in which it is financially beneficial to the executor to forgo any fees. Since executor compensation is taxable, and inheritances are generally not taxable, if the entire estate (or a large portion of it) is going to be inherited by the executor, you may end up with more after-tax value if you forgo explicit executor compensation.

Generally, any executor compensation is paid during the final stages of estate distribution, as one of the last things the executor does. Be careful in situations in which there is not enough to pay yourself and all other outstanding debts, as this may expose you to legal issues. However, note that in some states, executor compensation has precedence over almost all other debts (for example, in NY, only funeral expenses have a higher precedence).

Note that trustee compensation for managing a trust is handled differently than that of executor compensation for settling an estate (see Trustee Compensation).

General Calculation Approaches

A will can specify almost any approach imaginable to calculating executor compensation, but if the will doesn't specify the approach, then compensation must be calculated according to state-specific laws, which can sometimes be vague, and sometimes quite complex. Common calculation approaches include:

Even if the will does specify a fee calculation approach, in some states the executor can renounce this fee and instead collect a fee based on default state statutes. However, there can be time limits on this decision, so be sure to see the state-specific rules linked below.

When dealing with state-specific laws, also note that individual states have varying definitions of "estate value", and that the cost impact of any professional help hired by the executor can vary widely, so be sure to pay careful attention to the state-specific details linked below. Also, when calculating fees based on estate value, in some states an executor may also be entitled to an additional fee for services above and beyond the ordinary (such as overseeing the sale of the decedent's real estate; conducting litigation, managing the decedent's business, etc.).

If a "services-rendered" approach is taken, fees may take into account the nature of the work involved, the effort involved, the professional background of the executor, and the results and benefits of that work for the heirs. In such cases, it's important to keep records of the time you spend on estate business: what, where, and how long. You should keep these records as you perform the activities: neglecting to do so could easily result in your compensation claims being denied by the court.

State-Specific Rules and Calculators

To see state-specific rules about executor fees and use EstateExec's free compensation calculators:

Select desired state:
(or click map)
AK AL AR AZ CA CO FL GA IA ID IL IN KS KY LA ME MI MN MO MS MT NC ND NE NM NV NY OH OK OR PA SC SD TN TX UT VA WA WI WV WY AS GU MH MP PR PW VI CT DC DE MD MA NH NJ RI VT HI

Once you select your state, a dialog box will appear with state-specific rules and a state calculator at the bottom.

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