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Wills, trusts, and estates

executor fee

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 Massachusetts, the compensation of an executor of a will, also known as a personal representative, can be determined in several ways. If the testator specifies a compensation amount or formula in the will, that provision will generally be honored. If the will does not specify compensation, or if the executor declines the compensation provided in the will, Massachusetts law allows for 'reasonable compensation.' However, Massachusetts does not provide a specific statutory formula for calculating executor compensation. Instead, the compensation is determined based on what is reasonable given the size and complexity of the estate, the time and effort expended by the executor, and the success of the estate administration. Executors in Massachusetts may also be reimbursed for any out-of-pocket expenses incurred in the administration of the estate. If there is a dispute over the reasonableness of the executor's compensation, it may be resolved by the Probate and Family Court.

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Wills, trusts, and estates

executor fee

Individual & Family Legal Plan

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Massachusetts State Code

Wills, trusts, and estates

executor fee

Articles