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 New Hampshire, the compensation of an executor of a will, also known as an administrator of an estate, can be determined in several ways. If the testator specifies a compensation amount or formula in the will, that provision will generally be honored. However, if the will does not mention compensation, or if the executor believes the compensation provided in the will is not adequate, New Hampshire law allows the executor to request reasonable compensation for their services. The determination of what constitutes 'reasonable compensation' can depend on various factors, including the size and complexity of the estate, the time and effort expended by the executor, and the success of the administration. New Hampshire does not have a statutory formula for executor compensation; instead, compensation is typically determined on a case-by-case basis, and the probate court overseeing the estate administration has the authority to approve or modify the executor's fee. Executors in New Hampshire are advised to keep detailed records of their time and expenses to justify their compensation requests to the court.