Although many executors of wills manage the administration of the deceased person’s (decedent’s) estate without compensation, a person who makes a will (testator) may provide for compensation of the executor in the will. And many states have laws (statutes) that provide a formula for calculating the compensation of an executor. These laws vary from state to state and are often located in the estates code, probate code, or similarly-named code.
In Hawaii, the compensation of an executor of a will, also known as a personal representative, is addressed under Hawaii Revised Statutes (HRS) §560:3-719. The statute allows for reasonable compensation to the executor for their services, which can be specified in the will by the testator. If the will does not specify the amount, or if the executor is to receive compensation in addition to what is provided in the will, the court may determine a reasonable fee. The reasonableness of the fee is typically based on factors such as the time, effort, difficulty of administration, skill required, fidelity, and risk and responsibility assumed by the executor. Hawaii does not have a statutory formula for calculating executor compensation, so the amount is often determined on a case-by-case basis. Executors in Hawaii may also be reimbursed for reasonable expenses incurred in the administration of the estate.