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Executor Compensation Laws in Texas

In Texas, the standard executor commission is 5% of cash received and paid out in administration, capped at 5% of the estate's gross fair market value, with reasonable compensation allowed in some cases.

Last checked . General information, not legal advice.

Texas at a glance

Compensation method
Statutory commission (5%)
The court may allow reasonable compensation instead if the executor manages a business, farm, or ranch, or if the 5% amount is unreasonably low.
Statutory fee schedule
5% of cash received and paid out, capped at 5% of estate
No commission on cash on hand or in accounts at death, life insurance proceeds, or payments to heirs or legatees.
Percentage schedule in statute
Yes

Sources

Last checked

The rules in Texas

How is an executor paid in Texas?

Compensation method in Texas: Statutory commission (5%). The court may allow reasonable compensation instead if the executor manages a business, farm, or ranch, or if the 5% amount is unreasonably low.

What percentage can an executor charge in Texas?

Statutory fee schedule in Texas: 5% of cash received and paid out, capped at 5% of estate. No commission on cash on hand or in accounts at death, life insurance proceeds, or payments to heirs or legatees.

Does Texas law set executor fees by a percentage schedule?

Yes. Percentage schedule in statute in Texas: yes.

Where do the Texas executor compensation laws come from?

The rules above come from Tex. Est. Code 352.002 and Tex. Est. Code 352.003. 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.