Blog · State-Specific Guide

How Much Do Executors Get Paid? A State-by-State Guide

Robert Clarke ·
Estate paperwork, a calculator, reading glasses, and a house key on a wooden table in soft morning light

Serving as executor or personal representative is real work, and in every state the estate may pay for it. The rules differ across Connecticut, Maryland, Massachusetts, and Washington DC: Maryland caps the commission with a statutory schedule, while the other three rely on reasonable compensation approved by the court. Here is what families should expect, state by state.

The fee comes out of estate assets before heirs receive anything, so it directly affects what the family ultimately gets. When the estate's largest asset is a home, the sale price funds the fee, which is one more reason a realistic listing price matters.

"Families often assume the executor works for free, or that the fee is the same everywhere. Neither is true. In more than thirty years of real estate, I have watched well-run estates treat the fiduciary fee as a budget line, not a surprise: keep a simple log of hours and tasks, ask the attorney to explain the state's rule up front, and let the court approve the number before anyone is paid. When the money is transparent, the family can grieve and heal instead of arguing over paperwork."

- Robert Clarke, Probate Real Estate Specialist

Connecticut: Court-Approved Reasonable Compensation

Connecticut has no statutory percentage. The Probate Court approves a reasonable Executor fee under the Probate Court Rules of Procedure, weighing time spent, skill, and the estate's size and complexity. Customary commissions run roughly 2% to 4% of estate value, and the Executor must petition the court for approval. Estates under $40,000 may use the small estate procedure, where the workload and fee are typically far smaller.

Maryland: A Statutory Schedule Caps the Commission

Maryland is the one state here with a fixed rule. Under Estates and Trusts Code section 7-601, a Personal Representative's commission on estate principal may not exceed 9% of the first $20,000, then $1,800 plus 3.6% of the excess above $20,000. On a $400,000 estate that is about $15,480. Income commissions follow a separate schedule (10% of the first $5,000, then 5% above). These are maximums: the Orphans' Court may allow less, and a will may provide more. Estates under $50,000 can use small estate administration.

Massachusetts: Reasonable Compensation, No Set Rate

In the Probate and Family Court, a Personal Representative is entitled to reasonable compensation under General Laws chapter 190B, section 3-719, whether administration is formal or informal. Customary compensation runs about 2% to 5% of estate value, and the court reviews it in the final accounting. Opening an estate carries a flat $375 filing fee plus a $15 surcharge, so court costs are predictable even when the fee is not.

Washington DC: Reasonable Compensation Reviewed by the Court

Under DC Code section 20-751, a Personal Representative in the DC Superior Court Probate Division receives reasonable compensation unless the will fixes the amount. Commissions commonly fall in the 3% to 5% range, subject to review in the final accounting, in both unsupervised and supervised administration. A written renunciation of the fee may be filed with the court, and many family-member representatives choose that path.

Who Pays, and When the Fee Is Waived

In all four jurisdictions, the estate pays the fee out of its assets before heirs receive anything. A surviving spouse or primary beneficiary who serves often waives the fee to leave more for the family, and the will's terms generally control when they specify an amount. Whatever the arrangement, keep a written record of hours and tasks, because every court here expects the fee to be justified.

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This site provides general real estate and probate information. It is not legal advice. Consult the appropriate state probate attorney for legal questions.

Need Help With a Probate Property?

Contact Robert Clarke for expert guidance across Connecticut, Maryland, Massachusetts, and Washington DC.

Robert Clarke | Coldwell Banker Realty

CT Inquiries: (203) 936-9004 | rob@robandvicct.com

MA Inquiries: (617) 564-0109 | rob@robandvicct.com

DC and MD Inquiries: (202) 681-9556 | rob@robandvic.com

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