ProbateUS

Executor fee calculator

Executor fees by state

State law decides how much an executor, also called the personal representative (the person the court puts in charge of the estate), can be paid. 22 states set the fee with a formula, usually a sliding percentage of the estate. Most others allow "reasonable compensation" that the court can review. Pick a state to see the figure.

Last updated

General information, not legal advice. Statutes change, and courts apply them to the facts of each estate. Check with the probate court or a probate attorney before you rely on a figure or a date.

States that set executor fees by formula

These 22 states write a percentage or rate into the statute. The Type column tells you whether that figure is the fee itself, a starting point the court presumes is fair, a cap or a minimum.

StateHow it worksTypeStatute
AlabamaProperty received and controlled: Up to 2.5%; Disbursements: Up to 2.5%Maximum allowedAla. Code § 43-2-848
ArkansasFirst $1,000: 10%; $1,000 to $5,000: 5%; Above $5,000: 3%Maximum allowedArk. Code Ann. § 28-48-108
CaliforniaFirst $100,000: 4%; $100,000 to $200,000: 3%; $200,000 to $1,000,000: 2%; $1,000,000 to $10,000,000: 1%; $10,000,000 to $25,000,000: 0.5%Set by lawCal. Prob. Code §§ 10800–10805
FloridaFirst $1,000,000: 3%; $1,000,000 to $5,000,000: 2.5%; $5,000,000 to $10,000,000: 2%; Above $10,000,000: 1.5%Presumed reasonableFla. Stat. § 733.617
GeorgiaMoney received: 2.5%; Money paid out: 2.5%; Property delivered in kind: Up to 3%Set by lawO.C.G.A. § 53-6-60
IowaFirst $1,000: 6%; $1,000 to $5,000: 4%; Above $5,000: 2%Maximum allowedIowa Code § 633.197
KentuckyPersonal estate: Up to 5%; Income collected: Up to 5%Maximum allowedKRS 395.150
LouisianaAmount of the inventory: 2.5%Set by lawLa. Code Civ. Proc. arts. 3351–3352
MarylandFirst $20,000: 9%; Above $20,000: 3.6%Maximum allowedMd. Code, Est. & Trusts § 7-601
MissouriFirst $5,000: 5%; $5,000 to $25,000: 4%; $25,000 to $100,000: 3%; $100,000 to $400,000: 2.75%; $400,000 to $1,000,000: 2.5%; Above $1,000,000: 2%Minimum by lawMo. Rev. Stat. § 473.153
NevadaFirst $15,000: 4%; $15,000 to $100,000: 3%; Above $100,000: 2%Set by lawNRS 150.020
New JerseyFirst $200,000: 5%; $200,000 to $1,000,000: 3.5%; Above $1,000,000: 2%; Income received: 6%; Each additional executor: 1% of corpusSet by lawN.J.S.A. 3B:18-14
New YorkFirst $100,000: 5%; $100,000 to $300,000: 4%; $300,000 to $1,000,000: 3%; $1,000,000 to $5,000,000: 2.5%; Above $5,000,000: 2%Set by lawN.Y. SCPA § 2307
North CarolinaReceipts: Up to 5%; Expenditures: Up to 5%Maximum allowedN.C. Gen. Stat. § 28A-23-3
OhioFirst $100,000: 4%; $100,000 to $400,000: 3%; Above $400,000: 2%; Real property not sold: 1%Set by lawOhio Rev. Code § 2113.35
OklahomaFirst $1,000: 5%; $1,000 to $6,000: 4%; Above $6,000: 2.5%Set by lawOkla. Stat. tit. 58, § 527
OregonFirst $1,000: 7%; $1,000 to $10,000: 4%; $10,000 to $50,000: 3%; Above $50,000: 2%; Non-probate property reportable for estate tax: 1%Set by lawORS 116.173
South CarolinaPersonal property plus authorized real-estate sale proceeds: Up to 5%; Income earned by the estate: Up to 5%; Minimum commission: $50Maximum allowedS.C. Code Ann. § 62-3-719
TexasCash actually received and paid out: 5%; Cap: 5% of gross fair market valueSet by lawTex. Est. Code §§ 352.002–352.004
West VirginiaFirst $100,000: 5%; $100,000 to $400,000: 4%; $400,000 to $800,000: 3%; Above $800,000: 2%; Real estate not sold: 1%Set by lawW. Va. Code § 44-4-12a
WisconsinInventory value less liens, plus net gains: 2%Set by lawWis. Stat. § 857.05
WyomingFirst $1,000: 10%; $1,000 to $5,000: 5%; $5,000 to $20,000: 3%; Above $20,000: 2%Set by lawWyo. Stat. §§ 2-7-803, 2-7-804

Which states use “reasonable compensation”?

These states don't set a percentage. The personal representative gets reasonable pay for the work, and heirs or other interested people can ask the court to review it.

We haven't reviewed these states yet: Colorado, Connecticut, District of Columbia, Kansas, Mississippi, New Hampshire, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia. We add a state only after reading its statute.

Common questions

How much does an executor get paid?

It depends on the state. 22 states set the fee by a formula in the statute, usually a sliding percentage of the estate's value. California, for example, pays 4% of the first $100,000 (Cal. Prob. Code § 10800). Most other states allow "reasonable compensation", which the court can review. A will can also set the executor's pay.

Can an executor waive the fee?

Yes, in many states the statute says so outright. Georgia, South Carolina and the states that use the Uniform Probate Code wording (Arizona, Idaho, Minnesota and Montana, for example) let the personal representative turn down all or part of the fee. Wyoming requires the waiver in writing.

Does the fee formula cover extra work?

No. The formulas cover the usual duties. Most of these statutes let the court award more for extraordinary work, such as selling real estate, a lawsuit, tax proceedings or running the business of the person who died.

Sources

We last checked the statute text against the official publishers in August 2026.