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Executor Compensation Laws in New Mexico

In New Mexico, a personal representative is entitled to reasonable compensation for services, with no statutory percentage schedule.

Last checked . General information, not legal advice.

New Mexico at a glance

Compensation method
Reasonable compensation
A representative may renounce a will's fee provision before qualifying, or renounce all or part of the fee.
Statutory fee schedule
None (no percentage in statute)
Percentage schedule in statute
No

Sources

Last checked

The rules in New Mexico

How is an executor paid in New Mexico?

Compensation method in New Mexico: Reasonable compensation. A representative may renounce a will's fee provision before qualifying, or renounce all or part of the fee.

What percentage can an executor charge in New Mexico?

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

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

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

Where do the New Mexico executor compensation laws come from?

The rules above come from N.M. Stat. Ann. 45-3-719. Each source is linked on this page. We last checked them in October 2026.

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.