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StepUpLaw/executor-fees-by-state

Executor, Trustee and Probate Attorney Fees by State, 50 States and DC (2026) This Hugging Face copy holds states.csv, states.json and schema.json. The per-state row files, the saved text of every statute and the build tools are in the GitHub repository. A state-by-state answer to the question families ask when someone agrees to settle a parent's estate, which is how much the executor gets paid. For each of the 50 states and the District of Columbia, the dataset records how the… See the full description on the dataset page: https://huggingface.co/datasets/StepUpLaw/executor-fees-by-state.

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Executor, Trustee and Probate Attorney Fees by State, 50 States and DC (2026)

This Hugging Face copy holds states.csv, states.json and schema.json. The per-state row files, the saved text of every statute and the build tools are in the GitHub repository.

A state-by-state answer to the question families ask when someone agrees to settle a parent's estate, which is how much the executor gets paid. For each of the 50 states and the District of Columbia, the dataset records how the personal representative (the executor) is paid, how the estate's attorney is paid, and how a trustee is paid. Each cell is tied to the statute or court rule text it rests on, and a saved text copy of that source is in data/sources/.

Compiled by Kevin D. Klagge, Esq., a Florida estate planning and probate attorney (Klagge Law, PLLC). Every row was last verified on September 23, 2026.

—Canonical page with the tables, a fee estimator and the citation: <https://stepuplaw.com/data/executor-fees-by-state/>
—Source repository: <https://github.com/stepuplaw/executor-fees-by-state>

What the data shows

Most states leave the executor's fee to the court. Twenty seven jurisdictions pay the personal representative "reasonable compensation" with no number in the statute. Twenty three states put a number in statute, and the kind of number matters as much as the rate.

Personal representative fee rule	Count	Jurisdictions
Reasonable compensation	27	AK, AZ, CO, CT, DC, DE, HI, ID, IL, IN, KS, MA, ME, MI, MN, MS, MT, ND, NE, NM, PA, RI, TN, UT, VA, VT, WA
Statutory schedule	14	CA, GA, LA, NJ, NV, NY, OH, OK, OR, SD, TX, WI, WV, WY
Maximum (a cap)	7	AL, AR, IA, KY, MD, NC, SC
Presumed reasonable schedule	1	FL
Minimum (a floor)	1	MO
Not read	1	NH

Seven states set the estate attorney's fee by schedule (Arkansas, California, Iowa as a cap, Missouri as a minimum, Nevada as an optional method, Wyoming, and Florida as a presumed schedule). Forty three states leave the trustee's fee to reasonable compensation, and four set a statutory fee for some trustees (Georgia, Hawaii, New Jersey and New York).

The base each percentage applies to differs sharply. Florida adds the income earned during administration. Arkansas, Kentucky and South Carolina count personal property only. Nevada and Wisconsin net out mortgages. Georgia, Alabama, Texas and New York count cash received and paid out. Ohio, Oregon and West Virginia add 1% on some property outside the schedule. Read pr_fee_base before using any number.

FINDINGS.md has the full counts, worked examples on $500,000, $1,000,000 and $3,000,000, the conflicts with the popular executor fee tables, and the ten findings most likely to surprise a reader.

Files

Path	Contents
`data/states.csv`	One row per jurisdiction (51 rows). Lists are joined with `;` and the schedule is a JSON string
`data/states.json`	The same rows as a JSON array, with the schedule as a nested array
`data/schema.json`	Data dictionary as a Frictionless Table Schema, with the allowed values for every coded column
`data/datapackage.json`	Frictionless Data Package descriptor for the CSV
`data/rows/<CODE>.json`	The per-state files the CSV and JSON are built from
`data/sources/<CODE>-<topic>.txt`	Text of each statute or court rule relied on, beginning with the source URL and how it was fetched. `US-popular-*` files are the popular secondary tables kept only for comparison
`tools/build.py`	Validates the row files and rebuilds the CSV, JSON, schema and descriptors
`tools/examples.py`	Recomputes the worked examples in `FINDINGS.md`
`tools/PROTOCOL.md`	The research protocol each state followed
`notebooks/executor-fees-overview.ipynb`	A short notebook that loads the CSV, reproduces the counts and computes a fee
`FINDINGS.md`	Counts, Florida in detail, conflicts with popular tables, worked examples and findings

Rebuild and validate the data with

python3 tools/build.py # rebuild states.csv, states.json and the descriptors python3 tools/build.py --check # validate only

How to read a schedule

Schedules are marginal, like tax brackets. Each rate applies only to the slice of value inside its band. Florida's schedule is [[0,1000000,0.03],[1000000,5000000,0.025],[5000000,10000000,0.02],[10000000,null,0.015]], so on a $3,000,000 compensable value the presumed commission is 3% of the first $1,000,000 ($30,000) plus 2.5% of the next $2,000,000 ($50,000), for $80,000.

Before you compute, check three things in the row.

1.The base (pr_fee_base), because "estate" means something different in almost every schedule state.
2.The kind of schedule (pr_fee_rule). A maximum is not an entitlement, a minimum is not a cap, and a presumed schedule can be raised or lowered by the court.
3.The will and co-executors (waiver_note, multiple_prs_note). The will often controls, and in Florida and New York two co-executors can each take a full commission.

Fees are gross amounts before any extraordinary-services allowance and before income tax to the recipient.

Columns

Column	Meaning
`code`, `name`	Postal code and name
`pr_fee_rule`	`statutory_schedule`, `presumed_schedule`, `minimum_schedule`, `maximum_schedule`, `reasonable_compensation`, `other` or `unclear`
`pr_fee_schedule`	Tiers in plain text
`pr_fee_schedule_json`	`[[from, to, rate], ...]`; `to` null means no upper limit; `rate` null means a reasonable amount set by the court for that band
`pr_fee_base`	What the percentage applies to
`pr_fee_statute`, `pr_fee_statute_url`	Citation and the URL the text was read from
`extraordinary_services`	yes or no, with a note on extra pay for real estate, litigation and tax work
`attorney_fee_rule`	`statutory_schedule`, `presumed_schedule`, `reasonable` or `unclear`
`attorney_fee_schedule`, `attorney_fee_statute`	Tiers or rule, and citation. "None read" means no attorney-fee statute was found in the sections read
`trustee_fee_rule`, `trustee_fee_note`, `trustee_fee_statute`	`reasonable_compensation` (usually Uniform Trust Code section 708), `statutory_schedule`, `other` (for example a trust-set fee that is a ceiling) or `unclear`
`multiple_prs_note`	How co-executors share a fee or each take one
`waiver_note`	Whether a will can set or change the fee, and whether the executor can renounce it
`last_verified`, `sources`, `confidence`, `flags`	Verification date, the URLs actually read, a confidence grade, and caveats

Confidence is high for 26 rows (official site, official data endpoint or official PDF), medium for 24 (a FindLaw or public.law mirror, because the official site blocked scripts or refused connections) and low for New Hampshire, whose court rule and trust statute could not be read anywhere.

Citation

Klagge, Kevin D. Executor, Trustee and Probate Attorney Fees by State, 50 States and DC (2026). StepUpLaw, 2026. https://stepuplaw.com/data/executor-fees-by-state/

CITATION.cff holds the same citation in machine-readable form. Corrections are welcome at office@stepuplaw.com.

License and disclaimer

Released under CC BY 4.0. This is reference data, not legal advice. Statutes change, courts read them differently, and a will usually controls. Read the cited source and ask a lawyer licensed in the state before relying on any cell.