Estimate the commission for administering a probate estate based on statutory fee schedules.
Standard Tiered (CA/NY Style)
Flat 3%
Flat 5%
Calculated Gross Estate:$0.00
Estimated Executor Fee: $0.00
Understanding Executor Fees
When an individual passes away, the executor named in their will is responsible for managing the estate. This process, known as probate, involves significant legal and financial responsibilities. In recognition of this work, executors are entitled to a fee or commission, typically paid out of the estate's assets.
How Executor Commissions Are Calculated
Executor fees are usually determined by state law or the specific language in a will. There are two primary ways these fees are calculated:
Tiered Statutory Rates: Many states (like California or New York) use a sliding scale. As the estate value increases, the percentage of the fee decreases.
Flat Percentage: Some jurisdictions or specific wills dictate a flat fee, often ranging between 2% and 5% of the gross estate value.
Standard Tiered Fee Example
A common statutory structure (often used as a benchmark) follows these tiers:
Estate Value Tier
Fee Percentage
First $100,000
4%
Next $100,000
3%
Next $800,000
2%
Next $9,000,000
1%
Is the Executor Fee Taxable?
Yes. It is important to note that while inheritances are often tax-free to the recipient at the federal level, an executor fee is considered earned income. The executor must report this fee on their personal income tax return (Form 1040). For this reason, family members acting as executors sometimes waive the fee if they are also the primary beneficiaries of the estate.
What Assets Are Included?
Generally, the fee is calculated on the "Gross Estate" value. This includes real estate, bank accounts, stocks, and personal property. However, it typically excludes "non-probate" assets such as life insurance policies with named beneficiaries or accounts held in "Joint Tenancy with Right of Survivorship."
function calculateExecutorFee() {
var estateValue = parseFloat(document.getElementById('estateValue').value);
var structure = document.getElementById('feeStructure').value;
var resultBox = document.getElementById('resultBox');
var totalFeeAmount = document.getElementById('totalFeeAmount');
var displayEstateValue = document.getElementById('displayEstateValue');
var tierBreakdown = document.getElementById('tierBreakdown');
if (isNaN(estateValue) || estateValue 0) breakdownHtml += "
4% of first $100k:$" + t1Fee.toLocaleString(undefined, {minimumFractionDigits: 2, maximumFractionDigits: 2}) + "
";
totalFee += t1Fee;
remaining -= t1Base;
// Tier 2: 3% of next 100k
if (remaining > 0) {
var t2Base = Math.min(remaining, 100000);
var t2Fee = t2Base * 0.03;
breakdownHtml += "
3% of next $100k:$" + t2Fee.toLocaleString(undefined, {minimumFractionDigits: 2, maximumFractionDigits: 2}) + "
";
totalFee += t2Fee;
remaining -= t2Base;
}
// Tier 3: 2% of next 800k
if (remaining > 0) {
var t3Base = Math.min(remaining, 800000);
var t3Fee = t3Base * 0.02;
breakdownHtml += "
2% of next $800k:$" + t3Fee.toLocaleString(undefined, {minimumFractionDigits: 2, maximumFractionDigits: 2}) + "
";
totalFee += t3Fee;
remaining -= t3Base;
}
// Tier 4: 1% of next 9M
if (remaining > 0) {
var t4Base = Math.min(remaining, 9000000);
var t4Fee = t4Base * 0.01;
breakdownHtml += "
1% of next $9M:$" + t4Fee.toLocaleString(undefined, {minimumFractionDigits: 2, maximumFractionDigits: 2}) + "
";
totalFee += t4Fee;
remaining -= t4Base;
}
// Tier 5: 0.5% of anything above 10M
if (remaining > 0) {
var t5Fee = remaining * 0.005;
breakdownHtml += "