Texas · Set by law
Texas executor fee calculator
Texas executors get a 5% commission on cash they actually receive and pay out, capped at 5% of the estate's gross fair market value. Cash on hand or in the bank at the death, life insurance proceeds and payments to heirs don't count (Tex. Est. Code § 352.002).
Last updated
Set by law
$0
Enter the estate values to see the fee.
Source: Tex. Est. Code §§ 352.002–352.004. This doesn't include extra pay for extraordinary work, or anything a will or written agreement sets instead.
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.
Texas executor fee rates
| Part of the estate | Rate |
|---|---|
| Cash actually received and paid out | 5% |
| Cap | 5% of gross fair market value |
Source: Tex. Est. Code §§ 352.002–352.004.
What the fee is based on
All amounts actually received or paid out in cash in administration, excluding cash or cash equivalents on hand or held in a financial institution or brokerage at death, life insurance proceeds, and cash paid to an heir or legatee as such (Tex. Est. Code § 352.002).
Worked example
- Commissionable cash received: $150,000
- Commissionable cash paid out: $60,000
- Gross fair market value of the estate: $500,000
| 5% of cash received | $7,500 |
| 5% of cash paid out | $3,000 |
| Total | $10,500 |
What can change the amount
- The commission is allowed only if the court finds the executor managed the estate as the Estates Code requires (§ 352.002(a)).
- The court can allow reasonable pay instead when the executor runs a farm, ranch or business, or when 5% is unreasonably low (§ 352.003).
- The court can deny the commission if the executor managed the estate imprudently or was removed (§ 352.004).
Common questions
How much does an executor get paid in Texas?
Texas executors get a 5% commission on cash they actually receive and pay out, capped at 5% of the estate's gross fair market value. Cash on hand or in the bank at the death, life insurance proceeds and payments to heirs don't count (Tex. Est. Code § 352.002).
What is the executor fee on the example estate in Texas?
The Texas formula gives $10,500 for the usual executor duties (set by law). Extra work, a clause in the will or a court order can change it.
Which assets count toward the executor fee in Texas?
All amounts actually received or paid out in cash in administration, excluding cash or cash equivalents on hand or held in a financial institution or brokerage at death, life insurance proceeds, and cash paid to an heir or legatee as such (Tex. Est. Code § 352.002).
Can a Texas executor get more or less than the formula?
The commission is allowed only if the court finds the executor managed the estate as the Estates Code requires (§ 352.002(a)).
What else changes executor pay in Texas?
The court can allow reasonable pay instead when the executor runs a farm, ranch or business, or when 5% is unreasonably low (§ 352.003).
More for Texas
- Texas small estate checker→
Check the estate's value against the state's limit.
- Texas probate forms→
430 court forms, by county.
- Texas probate guide→
How probate works there, how long it takes, and when you can skip it.
- Texas probate courts→
Phone numbers, addresses, fees and forms for each county court.
Sources
- Tex. Est. Code §§ 352.002–352.004 — Texas Legislative Council
We last checked the statute text against the official publishers in August 2026.