ContractsCounsel Logo

Executor of Estate Fees

Updated: February 9, 2024
Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 10,509 reviews
No Upfront Payment Required, Pay Only If You Hire.
Home Blog Executor of Estate Fees

Jump to Section

The executor of estate fees is responsible for distributing properties according to the testator's will, ensuring beneficiaries and heirs receive their share. However, the distribution of assets may be a daunting process, especially when there is no clear will left by the deceased that is enforceable in law. In this case, it will be necessary for an executor to settle the estate.

Essential Details of the Executor of Estate Fees

The rates charged by executors vary widely due to several reasons. Sometimes, an executor fee may be determined as a proportion of the overall worth of the estate. Alternatively, it can be a fixed amount or set on an hourly basis. All these depend on specific jurisdictions in which estates are being wound up together with terms and conditions contained in trusts or wills.

In some cases, if they are related to the deceased, an executor can decide not to charge anything for their services or else reduce their charges significantly. Nevertheless, it must be borne in mind that even as an executor agrees not to charge anything for their services, there may still be an obligation for expenditures such as attorney's fees and travel costs involved in winding up an estate.

Factors Affecting the Executor of Estate Fees

An inheritance has to be distributed when someone dies, thus usually controlled by an executor. An executor is a person or institution appointed through a will who has the authority to act on behalf of a decedent, including liquidating debts and assigning assets among heirs. Nonetheless, estate administration fees may apply depending on various factors as follows:

  • Size of Estate: The size of the estate is one element that strongly affects executor charges made by any given state. The more property involved in it, the more challenging it becomes for any administrator/executor wishing to close down such property successfully. In most cases, when dealing with administration fees, executors based them on percentages where fees ranged between 2% and 10% of the total value involved. Nevertheless, few states may have a ceiling for what an executor is allowed to receive as compensation, so advice from local regulations is important.
  • Relationship Between the Executor and the Deceased: Executor costs may also depend on the extent of the relationship existing between persons executing wills and testators. In this situation, an executor might be a relative or intimate friend who is settling the estate without charging any fee. However, if the executor is a professional appointed to resolve inheritance issues, they mostly charge money.
  • Declination of Estate: For example, when an estate has no assets, few debts, or beneficiaries, it may not require much in terms of effort by the executor in turn, they will charge fewer fees. Conversely, a complex estate with several properties, multiple debts, and many heirs may necessitate more time and resources by an administrator thus, their fee may increase commensurately.
  • Location of the Estate: It is also important to consider where the estate is located since it can affect the executor's fees. Executors may assess higher fees in locations where the cost of living is high and legal fees are more expensive. Moreover, since executor fee laws can differ by state, it is important to look into local regulations.
  • Knowledge of the Executor: The level of experience that an executor has affects how much they charge for their services. Expert executors may charge their customers higher prices for estate services as a result of their expertise and reputation in that field. Conversely, not very experienced executors are likely to charge less for their services.
Meet some lawyers on our platform

Jeremiah C.

95 projects on CC
CC verified
View Profile

Bryan B.

257 projects on CC
CC verified
View Profile

Ryenne S.

598 projects on CC
CC verified
View Profile

Scott S.

60 projects on CC
CC verified
View Profile

Computation of the Executor of Estate Fees

The Executor of estate fees is typically computed as a percentage of the estate's value. The following are some steps on how to compute the executor's fee.

  • Hourly Rate: In some states, an hourly rate is used to determine an executor fee based on the time spent by the concerned person handling their affairs upon death. This rate can be varied depending on the knowledge and proficiency possessed by the chosen executor but it generally should be consistent with normal attorney fees.
  • Percentage of Estate Value: In states that use this method, usually, an executor's costs are somewhere between 1% and 5% of the total assets of any given estate. For example, if a given estate has a value amounting to $500000, then at 3%, which would make $15000 be paid by an estate owner if they choose to use an attorney for an issue addressed under this topic.
  • Negotiated Fee: In some states, executors' payment may be negotiated between them and those entitled to succeed them. It can help both sides come up with an agreement that suits everyone involved.
  • Flat Fee: Some states have a flat rate imposed by statute as compensation for being appointed as administrator/executors of estates in probate. For example, in California, the executor fee is $4,000 for the first $100,000 of an estate's value, then gradually decreases with increasing size.

Key Terms for the Executor of Estate Fees

  • Probate: Probate entails the legal process by which an individual's estate is administered after their death. It includes validating the will, identifying and valuing assets, paying any debts and taxes owed, and distributing assets to heirs.
  • Estate: The term 'estate' refers to what a person owns, including real estate from one's death onwards. This could mean investment products as well as other assets or real property instead.
  • Executor's Fee: An executor's fee is the amount paid to an executor for managing and administering the estate. A fee that is proportional to the total value of an estate often accompanies it, although it can be established by state statute or in the will itself.
  • Hourly Fee: This type of fee for executors is sometimes charged on an hourly basis, reflecting actual time spent overseeing affairs upon death depending on experience level and complexity of the succession process.
  • Percentage Fee: One form of executor costs is a percentage charge usually determined by how large the total subject matter worth happens to be when all estates have been compiled together. But this varies from one state to another alongside size, where again matters arise related to this section.

Final Thoughts on the Executor of Estate Fees

The executor of estate fees is critical to guarantee that the will of the dead is implemented and that their properties are given to the rightful heirs. As you think about appointing an executor, it is also important to talk about their charges as well as a fee system to prevent any surprises or disagreements later on. Also, consult an estate planning attorney who can assist in summarizing your desires in your will or trust instrument.

If you are looking to get free pricing proposals from vetted lawyers that are 60% less than typical law firms, you can Click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.

Need help with a Power of Attorney?

Create a free project posting

Meet some of our Lawyers

Agnes M. on ContractsCounsel
View Agnes
5.0 (8)
Member Since:
July 13, 2020

Agnes M.

Managing Attorney
Free Consultation
14 Yrs Experience
Licensed in FL, NJ, PA
Florida Coastal School of Law

Agnes Mombrun Geter is the Founder and Managing Attorney of Mombrun Law, PLLC. She is an experienced attorney and is a member of the Florida Bar, New Jersey Bar, and the Pennsylvania Bar. The firm's practice focuses on Estate Planning, Business Law, and Debt Settlement including IRS Debt Relief. The firm's goal is to simplify the law and provide clients with the confidence and information necessary to make their decisions. The firm also provides project-based legal services to other attorneys and law firms, along with assisting as personal counsel and local counsel on legal matters.

Jane C. on ContractsCounsel
View Jane
4.9 (81)
Member Since:
October 9, 2020

Jane C.

Free Consultation
New York
19 Yrs Experience
Licensed in CT, DC, NY
Pace University School of Law

Skilled in the details of complex corporate transactions, I have 15 years experience working with entrepreneurs and businesses to plan and grow for the future. Clients trust me because of the practical guided advice I provide. No deal is too small or complex for me to handle.

Scott S. on ContractsCounsel
View Scott
5.0 (42)
Member Since:
October 27, 2021

Scott S.

Free Consultation
New York, NY
17 Yrs Experience
Licensed in NY
Benjamin Cardozo School of Law

Scott graduated from Cardozo Law School and also has an English degree from Penn. His practice focuses on business law and contracts, with an emphasis on commercial transactions and negotiations, document drafting and review, employment, business formation, e-commerce, technology, healthcare, privacy, data security and compliance. While he's worked with large, established companies, he particularly enjoys collaborating with startups. Prior to starting his own practice in 2011, Scott worked in-house for over 5 years with businesses large and small. He also handles real estate leases, website and app Terms of Service and privacy policies, and pre- and post-nup agreements.

Steve C. on ContractsCounsel
View Steve
Member Since:
October 26, 2021

Steve C.

Principal | Attorney
Free Consultation
25 Yrs Experience
Licensed in CA
Loyola Law School

I am a corporate and business attorney in Orange County, CA. I advise start-ups, early-growth companies, investors, and entrepreneurs in various sectors and industries including technology, entertainment, digital media, healthcare, and biomedical.

Oscar B. on ContractsCounsel
View Oscar
Member Since:
October 28, 2021

Oscar B.

Free Consultation
Saint Petersburg, FL
22 Yrs Experience
Licensed in FL
Stetson University, College of Law

Oscar is a St. Petersburg native. He is a graduate of the University of Florida and Stetson University, College of Law. A former US Army Judge Advocate, Oscar has more than 20 years of experience in Estate Planning, Real Estate, Small Business, Probate, and Asset Protection law. A native of St. Petersburg, Florida, and a second-generation Gator, he received a B.A. from the University of Florida and a J.D. from Stetson University’s College of Law. Oscar began working in real estate sales in 1994 prior to attending law school. He continued in real estate, small business law, and Asset Protection as an associate attorney with the firm on Bush, Ross, Gardner, Warren, & Rudy in 2002 before leaving to open his own practice. Oscar also held the position of Sales & Marketing Director for Ballast Point Homes separately from his law practice. He is also a licensed real estate broker and owner of a boutique real estate brokerage. As a captain in the US Army JAG Corps, he served as a Judge Advocate in the 3rd Infantry Division and then as Chief of Client Services, Schweinfurt, Germany, and Chief of Criminal Justice for the 200th MP Command, Ft. Meade, Maryland. He is a certified VA attorney representative and an active member of VARep, an organization of real estate and legal professionals dedicated to representing and educating veterans. Oscar focuses his practice on real small business and asset protection law.

Find the best lawyer for your project

Browse Lawyers Now

Need help with a Power of Attorney?

Create a free project posting
See All Estate Planning Lawyers
Learn About Contracts
See More Contracts
other helpful articles

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a Power of Attorney?

Create a free project posting

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city