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Executor Compensation Laws in New Hampshire

In New Hampshire, executor fees must be approved by the probate court and must be reasonable for the work, responsibility, and risk; the court rule sets no percentage.

Last checked . General information, not legal advice.

New Hampshire at a glance

Compensation method
Reasonable fee approved by the court
Factors include time and labor, size of the estate, skill, the customary fee, any fee agreement, and results obtained.
Statutory fee schedule
None (no percentage in court rule)
Probate Division Rule 88 sets a reasonableness standard, not a percentage.
Percentage schedule in statute
No

Sources

Last checked

The rules in New Hampshire

How is an executor paid in New Hampshire?

Compensation method in New Hampshire: Reasonable fee approved by the court. Factors include time and labor, size of the estate, skill, the customary fee, any fee agreement, and results obtained.

What percentage can an executor charge in New Hampshire?

Statutory fee schedule in New Hampshire: None (no percentage in court rule). Probate Division Rule 88 sets a reasonableness standard, not a percentage.

Does New Hampshire law set executor fees by a percentage schedule?

No. Percentage schedule in statute in New Hampshire: no.

Where do the New Hampshire executor compensation laws come from?

The rules above come from N.H. Cir. Ct. Prob. Div. R. 88. Each source is linked on this page. We last checked them in October 2026.

Good to know

The rule comes from the Circuit Court Probate Division rules.

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.