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 Maryland, the compensation of an executor of a will, also known as a personal representative, is governed by state law. The Maryland Estates and Trusts Code provides guidance on how an executor is to be compensated. If the will specifies a certain amount of compensation for the executor, that provision will generally be honored. However, if the will does not mention compensation, or if the executor is to receive 'reasonable compensation,' then the state's statutory guidelines will apply. Maryland law allows for a commission based on a percentage of the estate's value, with the percentage decreasing as the value of the probate estate increases. The exact rates can be found in the Maryland Estates and Trusts Code, Section 7-601. Additionally, the court may increase or decrease the compensation if it deems necessary, considering the size of the estate, the complexity of the work involved, and other relevant factors. It is important for executors to keep detailed records of their work and expenses, as they may need to justify their compensation to the estate's beneficiaries or to the court.