Skip to content
Oakclause

Executor Compensation Laws in Delaware

In Delaware, a Court of Chancery rule allows personal representatives reasonable commissions, presumed reasonable unless a beneficiary objects, with no percentage schedule.

Last checked . General information, not legal advice.

Delaware at a glance

Compensation method
Reasonable commissions (court rule)
Commissions are presumed reasonable unless a beneficiary files an exception to the account; the court may still reduce unreasonably high fees.
Statutory fee schedule
None (no percentage in statute)
Percentage schedule in statute
No

Sources

Last checked

The rules in Delaware

How is an executor paid in Delaware?

Compensation method in Delaware: Reasonable commissions (court rule). Commissions are presumed reasonable unless a beneficiary files an exception to the account; the court may still reduce unreasonably high fees.

What percentage can an executor charge in Delaware?

Statutory fee schedule in Delaware: None (no percentage in statute).

Does Delaware law set executor fees by a percentage schedule?

No. Percentage schedule in statute in Delaware: no.

Where do the Delaware executor compensation laws come from?

The rules above come from Del. Ct. Ch. R. 192. Each source is linked on this page. We last checked them in October 2026.

Good to know

Under the rule, a commission is not unreasonable merely because it is based only on hourly rates or only on the value of the probate estate.

What this means in practice

A will can usually address executor pay directly, for example by setting a flat fee, a percentage, or stating that the executor serves without pay. Where the will is silent, the state's default rule applies. An executor can also choose to waive compensation, which some family members do because fees are generally taxable income while inheritances generally are not.

Executor compensation is separate from reimbursement of expenses and from fees paid to the estate's attorney, accountant, or other professionals. Keeping a written log of hours, tasks, and costs helps support a fee request and answers questions from heirs or the court.

Heirs and beneficiaries who believe a fee is too high can usually object in the probate proceeding, and courts can reduce, deny, or increase compensation in some circumstances. Rules on timing, court approval, and extraordinary services differ, so the statute for the state where the estate is probated is the starting point.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.