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Texas · Calculator

Texas Executor Fee Calculator

The 5% commission on cash received and paid out under Tex. Est. Code §352.002, with the cap at 5% of the estate's gross fair market value.

Cash received and paid out in administering the estate (§352.002(a))

Enter dollars. Don't count cash on hand or in bank and brokerage accounts at death, life insurance proceeds, or cash paid to heirs or legatees.

5% of cash received and paid out
$18,000.00
Cap: 5% of gross fair market value
$25,000.00
Commission (§352.002)
$18,000.00

The commission

Under Tex. Est. Code §352.002(a), an executor, administrator or temporary administrator whom the court finds to have taken care of and managed the estate in compliance with the standards of the Estates Code is entitled to a 5% commission on all amounts actually received or paid out in cash in administering the estate. Section 352.002(b)(1) caps the commission, in the aggregate, at 5% of the gross fair market value of the estate subject to administration.

What doesn't count

No commission is allowed for (§352.002(b)(2)):

  • receiving funds that, at the decedent's death, were on hand or held in a financial institution or brokerage firm, including checking, savings, certificate of deposit and money market accounts;
  • collecting the proceeds of a life insurance policy;
  • paying out cash to an heir or legatee in that capacity.

Leave those amounts out of the figures you enter.

Worked example

An estate with a gross fair market value of $500,000 sells real property for $300,000 cash and pays $60,000 of debts and expenses in cash. The commission is 5% of $360,000: $18,000. The cap is 5% of $500,000, $25,000, so it doesn't apply. Had the estate received $400,000 and paid out $200,000 in countable cash, 5% of $600,000 is $30,000, which the cap reduces to $25,000.

What this calculator doesn't cover

  • Reasonable compensation instead. The court may allow reasonable compensation, including for unusual efforts to collect funds or life insurance, if the executor or administrator manages a farm, ranch, factory or other business of the estate, or if the §352.002 commission is unreasonably low (§352.003).
  • Denial. The court may wholly or partly deny the commission if it finds the executor or administrator hasn't taken care of and managed estate property prudently, or if the executor or administrator was removed under the sections listed in §352.004.
  • Trusts. This section covers executors and administrators of estates, not trustees.

Frequently asked questions

What percentage does an executor get in Texas?

Tex. Est. Code §352.002 allows 5% of all amounts actually received or paid out in cash in administering the estate, capped in the aggregate at 5% of the gross fair market value of the estate subject to administration.

What doesn't a Texas executor's commission apply to?

Under §352.002(b)(2), no commission is allowed for receiving funds on hand or held in a financial institution or brokerage firm at death, collecting life insurance proceeds, or paying out cash to an heir or legatee in that capacity.

Can a Texas court allow a different amount?

Yes. Section 352.003 lets the court allow reasonable compensation if the executor or administrator manages a farm, ranch, factory or other business of the estate, or if the commission is unreasonably low; §352.004 lets it wholly or partly deny the commission.

Related

An estimate, not legal advice. This calculator applies the statutory schedule to the figures you enter. Have the estate's attorney confirm the amount before you request or pay it.