# Executor Fees by State (2026): How 45 States and DC Pay an Executor, With Statutes

> How 45 states and DC set executor and personal representative pay, with each statute linked and California's percentage schedule explained.

Source: https://ridleylawoffices.com/executor-fees-by-state/

By Eric Ridley, attorney, Ridley Law. Updated September 2026.

This table shows how 46 jurisdictions set the pay for the executor or personal representative of a decedent’s estate. Every row links to the statute on the state’s official code site. We review the table once a year and when a state amends its law.

**Cite this page:** Ridley Law, “Executor Fees by State (2026): How 45 States and DC Pay an Executor, With Statutes,” ridleylawoffices.com/executor-fees-by-state/, September 2026.

## Key findings

- 24 of the 46 jurisdictions in the table leave executor pay to a reasonable-compensation standard rather than a fixed schedule.
- 15 set a statutory percentage schedule: California, Florida, Iowa, Missouri, Nevada, New Jersey, New York, Ohio, Oklahoma, Oregon, South Carolina, Texas, West Virginia, Wisconsin, Wyoming.
- 4 give the court discretion subject to a statutory cap.
- California sets the same percentage schedule for the personal representative and for the estate’s attorney ([Prob. Code, § 10800](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=10800) and [§ 10810](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=10810)). The two fees are separate.

## Executor compensation rules, state by state

The rule type tells you whether the statute sets a formula or leaves the amount to a reasonableness standard. Where a will sets the executor’s pay, some states follow the will; the table notes it only where the statute says so.

| State | Rule type | What the statute says | Will controls? | Statute |
| --- | --- | --- | --- | --- |
| Alabama | Court discretion with a statutory cap | Reasonable compensation set by the court considering listed factors (novelty/difficulty, skill, fee customary in locality, amount involved, results, etc.), capped at 2.5% of property received/controlled plus 2.5% of disbursements. Court may add reasonable compensation for extraordinary services. | Yes, if will provides compensation the personal representative may renounce it and take reasonable compensation instead; a written agreement with the decedent/beneficiaries is binding if not unconscionable | [Ala. Code Section 43-2-848](https://alison.legislature.state.al.us/code-of-alabama?section=43-2-848) |
| Alaska | Reasonable compensation | A personal representative is entitled to reasonable compensation for services. No percentage or factor list is stated in the statute itself. | Yes, if will provides compensation and there is no contract with the decedent, personal representative may renounce the will provision before qualifying and take reasonable compensation instead | [Alaska Stat. Section 13.16.430](https://www.akleg.gov/basis/statutes.asp#13.16.430) |
| Arizona | Reasonable compensation | A personal representative is entitled to reasonable compensation for services. No percentage or factor list is stated in the statute itself. | Yes, if will provides compensation and there is no contract with the decedent, personal representative may renounce the provision and take reasonable compensation instead | [Ariz. Rev. Stat. Section 14-3719](https://www.azleg.gov/ars/14/03719.htm) |
| California | Statutory percentage schedule | Personal representative fee: 4% on first $100,000, 3% on next $100,000, 2% on next $800,000, 1% on next $9,000,000, 0.5% on next $15,000,000, and a reasonable amount set by the court on amounts above $25,000,000. | Not addressed in Section 10800 itself | [Cal. Prob. Code Section 10800](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=10800) |
| Colorado | Reasonable compensation | A fiduciary (including a personal representative) and the fiduciary’s lawyer are entitled to reasonable compensation for services rendered on behalf of an estate. Section 15-10-603 lists 13 factors a court must consider (time and labor, novelty/difficulty, customary local fee, size and liquidity of estate, litigation, billing detail, expertise, terms of governing instrument, etc.). The old percentage-based Section 15-12-719 was repealed in 2011. | Partial: if a governing instrument (will) sets compensation per a published fee schedule in effect when services are performed, that fee is presumed reasonable | [Colo. Rev. Stat. Sections 15-10-602 and 15-10-603](https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-15.pdf) |
| Connecticut | Other | No Connecticut statute fixes a fee or percentage. Probate Court Rules of Procedure, Rule 39, Section 39.1, lets the court approve a fiduciary’s or attorney’s fee arrangement and requires the court to determine reasonableness. Section 39.1’s task-statement factors include size of the estate, responsibilities involved, character of work, special problems, results achieved, knowledge/skill/judgment required, promptness, time and labor, and other relevant circumstances. | Not addressed in Rule 39 | [Conn. Probate Ct. R.P. Rule 39, Section 39.1 (citing Conn. Gen. Stat. Sections 17b-95(c), 45a-294, 45a-499k, 45a-594)](https://www.ctprobate.gov/Documents/Probate%20Court%20Rules%20of%20Procedure.pdf) |
| District of Columbia | Reasonable compensation | A personal representative is entitled to reasonable compensation for services, except as the Court may otherwise order for good cause in a supervised administration or special administration. | Yes, if will provides compensation and there is no contract with the decedent, personal representative may renounce the provision (before or after qualifying) and take reasonable compensation instead | [D.C. Code Section 20-751](https://code.dccouncil.gov/us/dc/council/code/sections/20-751) |
| Florida | Statutory percentage schedule | Ordinary commission: 3% on the first $1,000,000 of compensable estate value, 2.5% on the next $4,000,000 (above $1M through $5M), 2% on the next $5,000,000 (above $5M through $10M), and 1.5% on amounts above $10,000,000. | Yes, if the will sets compensation based on specific criteria other than a general reference to commissions allowed by law | [Fla. Stat. Section 733.617](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.617.html) |
| Hawaii | Reasonable compensation | A personal representative is entitled to reasonable compensation for the personal representative’s services. No percentage or factor list is stated in the statute itself. | Yes, if will provides compensation and there is no contract with the decedent, personal representative may renounce the provision before qualifying and take reasonable compensation instead | [Haw. Rev. Stat. Section 560:3-719](https://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0003-0719.htm) |
| Idaho | Reasonable compensation | A personal representative is entitled to reasonable compensation for his services. No percentage or factor list is stated in the statute itself. | Yes, if will provides compensation and there is no contract with the decedent, personal representative may renounce the provision before qualifying and take reasonable compensation instead | [Idaho Code Section 15-3-719](https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH3/SECT15-3-719/) |
| Illinois | Reasonable compensation | A representative is entitled to reasonable compensation for his services. Fees are a first-class claim for administrative expenses. No percentage schedule or factor list is stated. | Not addressed | [755 ILCS 5/27-1](https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075500050K27-1) |
| Indiana | Reasonable compensation | If a will sets the personal representative’s compensation, that is the representative’s full compensation unless renounced in writing before qualifying. Absent a will provision, or after renunciation, the court allows compensation it deems just and reasonable. The same section separately allows an attorney performing services for the estate compensation the court deems just and reasonable. | Yes, explicitly: a will’s compensation provision is taken as the personal representative’s full compensation unless the representative files a written renunciation before qualifying | [Ind. Code Section 29-1-10-13](https://iga.in.gov/laws/2024/ic/titles/29#29-1-10-13) |
| Iowa | Statutory percentage schedule | Personal representative fee capped at: 6% on the first $1,000, 4% on the overplus between $1,000 and $5,000, and 2% on all sums over $5,000 of the gross probate-inventory assets, as full compensation for ordinary services. Life insurance proceeds not payable to the estate are excluded from gross assets. | Not addressed in this section | [Iowa Code Section 633.197](https://www.legis.iowa.gov/docs/code/633.197.pdf) |
| Kansas | Reasonable compensation | Every fiduciary is allowed necessary expenses and such compensation for services, and for the services of the fiduciary’s attorneys, as the court finds just and reasonable. No percentage schedule is stated. The fiduciary may apply during administration for an allowance on account. | Not addressed in this section | [Kan. Stat. Ann. Section 59-1717](https://www.ksrevisor.gov/statutes/chapters/ch59/059_017_0017.html) |
| Kentucky | Court discretion with a statutory cap | Compensation of an executor, administrator, or curator may not exceed 5% of the value of the personal estate plus 5% of income collected. The court may allow additional fair and reasonable compensation for unusual/extraordinary services or services connected with real estate or estate/inheritance tax matters involving property outside the probate estate. | Not addressed in this section | [Ky. Rev. Stat. Section 395.150](https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36328) |
| Louisiana | Other | If the will (executor) or an agreement among the surviving spouse and all competent heirs/legatees (administrator) sets a reasonable amount, that governs. Absent either, the representative is entitled to 2.5% of the amount shown on the inventory. The court may increase the compensation on a proper showing that the usual commission is inadequate. Compensation is due on homologation of the final account; the court may allow advances during administration. | Yes, a reasonable amount set in the will for the executor applies over the statutory default | [La. Code Civ. Proc. art. 3351](https://www.legis.la.gov/legis/Law.aspx?d=111725) |
| Maine | Reasonable compensation | A personal representative is entitled to reasonable compensation for the personal representative’s services. No percentage or factor list is stated in the statute itself. | Yes, if will provides compensation and there is no contract with the decedent, personal representative may renounce the provision before qualifying and take reasonable compensation instead | [18-C M.R.S. Section 3-719](https://www.mainelegislature.org/legis/statutes/18-C/title18-Csec3-719.html) |
| Maryland | Court discretion with a statutory cap | A personal representative or special administrator is entitled to reasonable compensation, capped at 9% on the first $20,000 of the estate and $1,800 plus 3.6% of the excess over $20,000. If a will states compensation, additional compensation may still be allowed if the court finds the stated amount insufficient. The personal representative may renounce all or part of the right to compensation at any time. | No, not fully: if the will’s stated compensation is insufficient in the court’s judgment, the court may allow additional compensation up to the statutory table | [Md. Code Ann., Est. & Trusts Section 7-601](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get&section=7-601) |
| Massachusetts | Reasonable compensation | A personal representative is entitled to reasonable compensation for services. No percentage or factor list is stated in the statute itself. | Yes, if will provides compensation and there is no contract with the decedent, personal representative may renounce the provision before qualifying and take reasonable compensation instead | [Mass. Gen. Laws ch. 190B, Section 3-719](https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section3-719) |
| Michigan | Reasonable compensation | A personal representative is entitled to reasonable compensation for services performed and may pay it periodically without prior court approval. If an attorney serves as personal representative, time records must be kept and made available to interested persons. A written contract between decedent and personal representative on compensation is binding on the personal representative. | Yes, plus a written contract between the decedent and the personal representative on compensation is binding on the personal representative | [Mich. Comp. Laws Section 700.3719](https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-700-3719) |
| Minnesota | Reasonable compensation | A personal representative is entitled to reasonable compensation for services. The court considers: (1) the time and labor required; (2) the complexity and novelty of problems involved; and (3) the extent of the responsibilities assumed and the results obtained. | Yes, if will provides compensation and there is no contract with the decedent, personal representative may renounce the provision before qualifying and take reasonable compensation instead | [Minn. Stat. Section 524.3-719](https://www.revisor.mn.gov/statutes/cite/524.3-719) |
| Missouri | Statutory percentage schedule | If the will sets personal representative compensation, that governs as full compensation. Absent a will provision, minimum commission on personal property/sale proceeds: 5% on first $5,000, 4% on next $20,000, 3% on next $75,000, 2.75% on next $300,000, 2.5% on next $600,000, and 2% on all over $1,000,000. Attorneys for the estate are allowed the same percentage schedule as minimum compensation. | Yes, if a testator by will makes provision for personal representative compensation, that is allowed and taken as full compensation | [Mo. Rev. Stat. Section 473.153](https://revisor.mo.gov/main/OneSection.aspx?section=473.153) |
| Montana | Reasonable compensation | Personal representative entitled to reasonable compensation for services. No percentage schedule and no statutory list of factors. | Yes – if the will provides for PR compensation, that governs unless the PR files a written renunciation of it before qualifying. | [Mont. Code Ann. Sec. 72-3-631](https://mca.legmt.gov/bills/mca/title_0720/chapter_0030/part_0060/section_0310/0720-0030-0060-0310.html) |
| Nebraska | Reasonable compensation | Personal representative entitled to reasonable compensation for services. No percentage schedule and no statutory list of factors. | Yes – if the will provides compensation and there is no contract with the decedent, the PR may renounce the will provision before qualifying and take reasonable compensation instead. | [Neb. Rev. Stat. Sec. 30-2480](https://nebraskalegislature.gov/laws/statutes.php?statute=30-2480) |
| Nevada | Statutory percentage schedule | If no compensation is provided by will (or the PR renounces it): 4% on the first $15,000; 3% on the next $85,000; 2% on all above $100,000. Same schedule applies if there is no will. Court may allow additional fees if the schedule amount is insufficient. | Yes – schedule applies only ‘if no compensation is provided by the will, or the personal representative renounces all claims thereto.’ | [NRS 150.020](https://www.leg.state.nv.us/NRS/NRS-150.html) |
| New Jersey | Statutory percentage schedule | Corpus commissions: 5% on the first $200,000 of corpus received; 3.5% on the excess over $200,000 up to $1,000,000; 2% on the excess over $1,000,000; plus 1% of corpus for each additional fiduciary (aggregate capped at what a sole fiduciary would receive). Income commissions are set separately, at 6%, under a different section (N.J.S.A. 3B:18-13). | Not stated in this section – no ‘unless the will provides otherwise’ language appears in 3B:18-14 itself. | [N.J.S.A. 3B:18-14](https://lis.njleg.state.nj.us/nxt/gateway.dll?xhitlist_vq=3B:18-14+Corpus+commissions.&f=xhitlist&xhitlist_q=%5BRank+100%5D%5BDomain:+3B:18-14+Corpus+commissions.%5D3B:18-14+Corpus+commissions.&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_d=&xhitlist_hc=%5BXML%5D%5BKwic,25%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Brelevance-weight%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish:10.1048/Enu) |
| New Mexico | Reasonable compensation | Personal representative entitled to reasonable compensation for services. No percentage schedule and no statutory list of factors. | Yes – if the will provides compensation and there is no contract with the decedent, the PR may renounce the provision before qualifying and take reasonable compensation instead. | [NMSA 1978 Sec. 45-3-719](https://nmonesource.com/nmos/nmsa/en/item/4393/index.do?zoupio-debug#!fragment/zoupio-_Toc238552005/(hash:(chunk:(anchorText:zoupio-_Toc238552005),notesQuery:'',searchQuery:'45-3-719',searchSortBy:RELEVANCE,tab:toc))) |
| New York | Statutory percentage schedule | Commissions computed separately on sums received and sums paid out: 5% on the first $100,000; 4% on the next $200,000; 3% on the next $700,000; 2.5% on the next $4,000,000; 2% on amounts over $5,000,000. | Yes – a fiduciary is not entitled to any allowance for services if the will provides specific compensation, unless the fiduciary renounces that provision by an instrument filed with the court within 4 months of receiving letters; a corporate executor’s agreed or will-specified rate also controls under subdivision (f). | [SCPA Sec. 2307](https://www.nysenate.gov/legislation/laws/SCP/2307) |
| North Carolina | Court discretion with a statutory cap | Commissions are fixed in the discretion of the clerk of superior court, not to exceed 5% of receipts and 5% of expenditures made in accordance with law. For estates of $2,000 gross value or less, the clerk may fix a commission that is ‘just and adequate.’ | Yes – the statutory rule does not apply if the will specifies a stipulated amount or a method or standard for determining compensation. | [N.C. Gen. Stat. Sec. 28A-23-3](https://www.ncleg.gov/enactedlegislation/statutes/html/bysection/chapter_28a/gs_28a-23-3.html) |
| North Dakota | Reasonable compensation | Personal representative entitled to reasonable compensation for services. No percentage schedule and no statutory list of factors. | Yes – if the will provides compensation and there is no contract with the decedent, the PR may renounce the provision before qualifying and take reasonable compensation instead. | [N.D. Cent. Code Sec. 30.1-18-19](https://ndlegis.gov/cencode/t30-1c18.pdf) |
| Ohio | Statutory percentage schedule | On personal property received/accounted for and proceeds of real property sold: 4% on the first $100,000; 3% on amounts above $100,000 up to $400,000; 2% on amounts above $400,000. Plus 1% on the value of unsold real property, and 1% on certain non-administered property includable for estate tax purposes. | No – the statute contains no clause letting a will’s terms override the schedule. | [Ohio Rev. Code Sec. 2113.35](https://codes.ohio.gov/ohio-revised-code/section-2113.35) |
| Oklahoma | Statutory percentage schedule | Commission on the whole estate accounted for: 5% on the first $1,000; 4% on the next $5,000; 2.5% on all above $6,000. Court may allow additional compensation for extraordinary services, capped at the amount otherwise allowed. | Yes – the schedule applies ‘when no compensation is provided by the will, or the executor renounces all claim thereto.’ | [58 Okla. Stat. Sec. 527](https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=72389) |
| Oregon | Statutory percentage schedule | On property subject to the court’s jurisdiction: 7% of the first $1,000; 4% of the amount over $1,000 up to $10,000; 3% of the amount over $10,000 up to $50,000; 2% of the amount over $50,000; plus 1% of property not subject to the court’s jurisdiction but reportable for estate tax purposes. | Yes – the PR is not entitled to other compensation if the will makes special provision for it, unless the PR files a written renunciation before appointment. | [ORS 116.173](https://www.oregonlegislature.gov/bills_laws/ors/ors116.html) |
| Pennsylvania | Reasonable compensation | No statutory percentage schedule. The court allows the personal representative such compensation as is ‘reasonable and just’ in the circumstances, and has discretion (not a mandate) to calculate it on a graduated-percentage basis. | No – the section does not address will provisions. | [20 Pa. Cons. Stat. Sec. 3537](https://www.palegis.us/statutes/consolidated/view-statute&txtType=PDF&ttl=20&div=00.&chpt=35) |
| Rhode Island | Reasonable compensation | No percentage schedule and no statutory list of factors. Compensation is whatever the probate court considers just. | No – the statute does not mention will provisions. | [R.I. Gen. Laws Sec. 33-14-8](http://webserver.rilegislature.gov/Statutes/TITLE33/33-14/33-14-8.HTM) |
| South Carolina | Statutory percentage schedule | Up to 5% of the appraised value of probate personal property plus proceeds of estate real property sold under the will or court order (minimum $50 commission); up to 5% of income earned by the estate, forfeitable if the court finds the PR acted unreasonably or caused unreasonable delay. If there are multiple personal representatives, the court apportions the fee, but the aggregate cannot exceed the single-PR amount. | Yes – the section ‘does not apply in a case where there is a contract providing for the compensation to be paid for such services, or where the will otherwise directs, or where the personal representative qualified to act before June 28, 1984.’ | [S.C. Code Ann. Sec. 62-3-719](https://www.scstatehouse.gov/code/t62c003.php) |
| South Dakota | Other | Personal representatives, attorneys, accountants, appraisers, and other agents are entitled to reasonable compensation for services. Separately, when compensation is not provided by will (or in an intestate proceeding), the PR may be allowed commissions on personal property accounted for: 5% on the first $1,000; 4% on sums over $1,000 up to $5,000; 2.5% on sums over $5,000. Real property gets separate ‘just and reasonable’ court-fixed compensation. | Yes – if the will provides compensation and there is no contract with the decedent, the PR may renounce the provision before qualifying and take reasonable compensation instead. | [SDCL Sec. 29A-3-719](https://sdlegislature.gov/Statutes/29A-3-719) |
| Tennessee | Reasonable compensation | In settling the account, the court clerk charges the ‘accounting party’ (executor/administrator) with money received and credits that party with ‘reasonable compensation for services,’ plus disbursements supported by lawful vouchers. No percentage, cap, or statutory list of factors. | No – the statute does not mention will provisions. | [Tenn. Code Ann. Sec. 30-2-606](https://www.lexisnexis.com/hottopics/tncode/ (Tennessee's state-designated free public-access portal for the Tennessee Code Unannotated; the Tennessee General Assembly's own capitol.tn.gov site has no free full-text statute search and directs users to this portal)) |
| Texas | Statutory percentage schedule | An executor, administrator, or temporary administrator who has properly managed the estate is entitled to a 5% commission on all amounts actually received or paid out in cash in the administration. The commission may not exceed, in the aggregate, more than 5% of the gross fair market value of the estate subject to administration, and is not allowed on cash/cash-equivalents on hand at the decedent’s death, life insurance proceeds, or cash paid to an heir/legatee as such. A separate section (352.003) allows alternate reasonable compensation for managing a farm, ranch, factory, or business, or if the 5% calculation is unreasonably low. | No – Sec. 352.002 does not condition on or mention will provisions. | [Tex. Estates Code Sec. 352.002](https://statutes.capitol.texas.gov/Docs/ES/htm/ES.352.htm) |
| Utah | Reasonable compensation | Personal representative and attorney are each entitled to reasonable compensation for services. If no interested person objects to a compensation petition, the requested amount is deemed reasonable. If objected to, the court determines reasonable compensation for the PR based on ‘the quality, quantity, and value of the services rendered to the estate and the circumstances under which those services were rendered, including the practice for other fiduciaries who are in similar circumstances.’ | Yes – if the will provides compensation and there is no contract with the decedent, the PR may renounce the provision before qualifying and take reasonable compensation instead. | [Utah Code Sec. 75-3-718 (not Sec. 75-3-719, which covers costs and expenses in estate litigation)](https://le.utah.gov/xcode/Title75/Chapter3/75-3-S718.html) |
| Vermont | Reasonable compensation | An executor or administrator is allowed necessary expenses in the care, management, and settlement of the estate, and reasonable fees for services. No percentage, tier, or statutory list of factors. | Yes – if the will makes other provision for compensation, that is full satisfaction for the executor’s services unless the executor files a written renunciation of the will’s compensation provision, or unless the court orders otherwise. | [14 V.S.A. Sec. 1065](https://legislature.vermont.gov/statutes/section/14/063/01065) |
| Virginia | Reasonable compensation | The commissioner of accounts allows the fiduciary reasonable expenses and ‘a reasonable compensation in the form of a commission on receipts or otherwise.’ No statute-fixed percentage for individual personal representatives. A separate carve-out bars the commissioner from reducing an institutional fiduciary’s compensation below an amount set by a published fee schedule referenced in the will/trust, absent proof of testator incompetence or that the fee is excessive. | Only for institutional fiduciaries whose compensation is set by reference to a published fee schedule – ‘the commissioner of accounts shall not reduce the compensation below the amount specified unless there is sufficient proof that (i) the settlor or testator was not competent … or (ii) such compensation is excessive.’ No general will-controls rule for individual personal representatives. | [Va. Code Ann. Sec. 64.2-1208](https://law.lis.virginia.gov/vacode/title64.2/chapter12/section64.2-1208/) |
| Washington | Reasonable compensation | No percentage schedule. The personal representative is allowed such compensation for services ‘as the court shall deem just and reasonable,’ unless the will fixes the PR’s compensation, in which case the will amount is full compensation unless the PR files a written renunciation of it before qualifying. | Yes – ‘If testator by will makes provision for the compensation of his or her personal representative, that shall be taken as his or her full compensation unless he or she files in the court a written instrument renouncing all claim for the compensation provided by the will before qualifying.’ | [RCW 11.48.210](https://apps.leg.wa.gov/rcw/default.aspx?cite=11.48.210) |
| West Virginia | Statutory percentage schedule | Commissions on personal estate received/accounted for: 5% on the first $100,000; 4% on the amount above $100,000 up to $400,000; 3% on the amount above $400,000 up to $800,000; 2% on the amount above $800,000. Plus 1% commission on unsold real estate and 1% on certain non-administered property includable for federal estate tax purposes. No commission on joint/survivorship property. (This is the personal representative’s own fee, distinct from the fiduciary commissioner’s separate review fee under Secs. 44-2-1 and 44-4-12, which is capped at $300 plus expenses absent a special showing.) | Yes – ‘a testator may deviate from the commissions allowed herein by express language in the testator’s will.’ | [W. Va. Code Sec. 44-4-12a](https://code.wvlegislature.gov/44-4-12a/) |
| Wisconsin | Statutory percentage schedule | Personal representative commission is computed on inventory value (less mortgages/liens, plus net principal gains) ‘at a rate of 2 percent or a rate that the decedent and the personal representative, or the persons who receive the majority interest in the estate and the personal representative, agree to in writing,’ plus further sums the court finds reasonable for unusual difficulty or extraordinary services. | Not framed as ‘unless the will provides otherwise’ – the 2% default can be displaced only by a written agreement (decedent-and-PR, or majority-interest-beneficiaries-and-PR). A separate subsection does reference the will for double compensation: the court ‘shall allow both \[executor’s commissions and attorney fees\] if the will of the decedent authorizes the payments to be made.’ | [Wis. Stat. Sec. 857.05(2) (schedule); Sec. 857.05(3) (attorney fees/commissions)](https://docs.legis.wisconsin.gov/statutes/statutes/857/05) |
| Wyoming | Statutory percentage schedule | Fees computed on the decedent’s probate estate accounted for: 10% on the first $1,000; 5% on the amount over $1,000 up to $5,000; 3% on the amount over $5,000 up to $20,000; 2% on the amount over $20,000. Court may allow additional fees for extraordinary services and may adjust the amount if it is inequitable given time, effort, and responsibility. The PR may waive fees in writing. | No – the statute provides for a PR’s written waiver of fees, not a will-controls override of the schedule itself. | [Wyo. Stat. Ann. Sec. 2-7-803](https://wyoleg.gov/statutes/compress/title02.pdf) |

## What this means in California

In a California probate, the personal representative’s statutory fee is 4 percent of the first $100,000 of the estate, 3 percent of the next $100,000, 2 percent of the next $800,000, 1 percent of the next $9 million, and 0.5 percent of the next $15 million, with the court setting a reasonable amount above $25 million. The estate’s attorney is paid on the same schedule under a separate section. The fee is figured on the estate accounted for, and the court can allow more for extraordinary services. A trustee of a living trust is not paid under this schedule.

## Related pages on this site

- [How Much Does an Executor or Trustee Get Paid in California?](https://ridleylawoffices.com/executor-trustee-fees-california/)
- [Do You Get Paid? Executor and Trustee Compensation in California](https://ridleylawoffices.com/guides/fiduciary-pay/)
- [California Probate Fee Calculator: Statutory Attorney and Executor Fees](https://ridleylawoffices.com/probate-calculator/)
- [What Probate Actually Costs in California](https://ridleylawoffices.com/guides/probate-costs/)
- [California Probate Statistics (2026): 76 Verified Figures With Sources](https://ridleylawoffices.com/california-probate-statistics/)
- [Executor: Definition and How It Works in California](https://ridleylawoffices.com/estate-planning-glossary-california/executor/)
- [Personal Representative: Definition and How It Works in California](https://ridleylawoffices.com/estate-planning-glossary-california/personal-representative/)

## Methodology

Each row was checked in September 2026 against the statute text on the state’s official legislature or code site; secondary summaries were used only to find statutes, never as sources. The table covers compensation of the executor or personal representative of a decedent’s estate, not trustees, guardians, or conservators. Arkansas, Georgia, Mississippi are not in the table yet because their official code sites blocked automated access and we would not rely on a secondary copy of the statute. We found no statute setting executor compensation in Delaware or New Hampshire, where pay appears to be set by court rule or practice, so those jurisdictions are not in the table. To report an error, email eric@ridleylawoffices.com.