Executor Compensation Laws in Tennessee
In Tennessee, the personal representative receives reasonable compensation, paid as a first-priority cost of administration and set by the court in light of all relevant circumstances, with no statutory percentage schedule.
Last checked . General information, not legal advice.
Tennessee at a glance
- Compensation method
- Reasonable compensation
- The Court of Appeals reversed a fee ruling based only on a local percentage rule and required consideration of all relevant circumstances.
- Statutory fee schedule
- None (no percentage in statute)
- Percentage schedule in statute
- No
The rules in Tennessee
How is an executor paid in Tennessee?
Compensation method in Tennessee: Reasonable compensation. The Court of Appeals reversed a fee ruling based only on a local percentage rule and required consideration of all relevant circumstances.
What percentage can an executor charge in Tennessee?
Statutory fee schedule in Tennessee: None (no percentage in statute).
Does Tennessee law set executor fees by a percentage schedule?
No. Percentage schedule in statute in Tennessee: no.
Where do the Tennessee executor compensation laws come from?
The rules above come from Tenn. Code Ann. 30-2-317. Each source is linked on this page. We last checked them in October 2026.
Good to know
Reasonable compensation to the personal representative ranks with other costs of administration as a first-class claim against the 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.
Compare with neighboring states
- AlabamaReasonable compensation, subject to a cap
- ArkansasJust and reasonable, subject to a cap
- GeorgiaWill or agreement first, then statutory commissions
- KentuckyCapped percentage set by the court
- MississippiCourt-set amount (value of estate and difficulty)
- MissouriStatutory minimum schedule plus reasonable extra
- North CarolinaClerk sets commission up to a cap
- VirginiaReasonable compensation (commission on receipts or otherwise)
More Tennessee rules
- Estate and Inheritance Tax in Tennessee
- Health Care Power of Attorney Requirements in Tennessee
- Intestate Succession Laws in Tennessee
- Small Estate Affidavit Limits in Tennessee
- Spousal Elective Share Law in Tennessee
- Will Contest Deadline in Tennessee
- Tenant Abandoned Property Laws in Tennessee
- Adverse Possession Laws in Tennessee
- Security Deposit Laws in Tennessee
- Eviction Notice Requirements in Tennessee
- Will Requirements in Tennessee
- All Tennessee documents and rules