Technical article
What an Executor Is Paid, and How Long It Takes
A lay executor can claim expenses but cannot charge for time unless the will has a charging clause.
Picture a son in his fifties who has agreed to be the executor for his mother. She left a house, bank accounts and a cabinet of silver and coins. He works full time. He asks two questions. How long will this take? Is he owed anything for it?
Both answers differ by place. The numbers below are from state statutes and, for England, an act of Parliament and a law-firm summary.
What the statutes allow in four states
| State | Scale set by law | Base it applies to |
|---|---|---|
| California | 4% on the first US$100,000; 3% on the next US$100,000; 2% on the next US$800,000; 1% on the next US$9,000,000; 0.5% on the next US$15,000,000 | Inventory appraisal value plus gains and receipts, less losses on sales, without deducting debts on assets |
| Florida | Presumed reasonable at 3% of the first US$1 million; 2.5% from US$1 million to US$5 million; 2% from US$5 million to US$10 million; 1.5% above | Inventory value of probate assets plus income earned |
| New York | 5% on the first US$100,000; 4% on the next US$200,000; 3% on the next US$700,000; 2.5% on the next US$4,000,000; 2% above US$5,000,000 | The page says each rate is computed at one-half for receiving and one-half for paying out |
| Texas | 5% of cash received and paid out | Capped at 5% of the gross fair market value of the estate |
Above US$25,000,000 in California the court sets a reasonable amount. In New York, corporate fiduciaries may follow their own fee schedules.
Two details matter for a collection. In Florida, the commission can be added to for extraordinary services, and the statute lists the sale of real or personal property among them. In Texas, selling a collectible for cash creates cash received, which can carry the commission. Handing an item to an heir does not count as cash paid.
England and Wales
A lay executor can claim expenses but cannot charge for time unless the will has a charging clause. That is the summary in a 2023 law-firm article. Professional executors can charge. The Trustee Act 2000 section 31 gives a trustee the right to be reimbursed from the estate for expenses properly incurred. Charging clauses are read strictly. In Da Silva v Heselton in 2022, the Court of Appeal refused fees to a lay executor under a clause.
The clock
| Date or period | Rule |
|---|---|
| 9 months after death | The United States estate tax return, Form 706, is due. A 6-month extension to file is automatic on Form 4768 |
| 6 months after death | The date an executor may choose for valuing the estate, if it lowers the estate and the tax |
| 1 year after death | In England and Wales, an executor need not distribute before this date |
The one-year rule is in section 44 of the Administration of Estates Act 1925. It is often called the executor's year, though the Act does not use that name.
The objection
You might say a child does not take pay for settling a parent's affairs. Some families feel that way, and the choice is theirs. The figures above show what the law allows or presumes in each place. Whether to claim is a family question.
Doors you could open
You could read the will for a charging clause. You could ask the other heirs whether they would like the executor to claim, and write the answer down. You could keep a log of hours and expenses either way, since expenses are repaid in England and the log supports any later claim.
This touches every heir. Commission is paid from the estate, so it comes out of what the family shares.
If you have been an executor, how long did it take, and what surprised you? Share it here, and someone about to start may benefit.
Figures are estimates for planning, based on public data. Date read: October 2026.
Sources
- California Probate Code 10800 (A)
- Florida Statutes 733.617 (A)
- New York Surrogate's Court Procedure Act 2307 (A)
- Texas Estates Code 352.002 (A)
- Trustee Act 2000 section 31 (A)
- Administration of Estates Act 1925 section 44 (A)
- IRS Instructions for Form 706 (A)
- Ashfords law-firm summary, 2023 (B)
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