The Estate Planning Guide Est. 2026

How Much Does an Executor Get Paid in Louisiana?

By The Estate Planning Guide Editorial Team Researched against primary sources

Published June 11, 2026 9 min read

Quick answer

In Louisiana, the executor's (or administrator's) pay is whatever the will provides or the heirs agree to; absent that, the Code of Civil Procedure sets a default of 2.5% of the amount of the estate inventory (La. C.C.P. art. 3351). On a $400,000 succession that's about $10,000. The estate's attorney is paid separately, and family executors often waive the fee since it's taxable income.

⚠️ Educational information only — not legal, tax, or financial advice.

The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Louisiana with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.

What an executor gets paid in Louisiana

La. Code Civ. Proc. art. 3351 allows a succession representative the compensation provided in the testament or agreed with the heirs; in the absence of such a provision, a sum equal to two and one-half percent (2.5%) of the amount of the inventory. The court may increase the compensation on a showing that the usual 2.5% commission is inadequate, and it is due when the final account is approved (homologated).

The executor (in some states called the personal representative) is the person who settles the estate — gathering assets, paying debts and taxes, and distributing what’s left. The fee is their compensation for that work, paid out of the estate before the beneficiaries receive their shares.

A Louisiana example

On a Louisiana succession with a $400,000 inventory, the default commission is $10,000 (2.5% of $400,000). If the will names a different amount, or the heirs agree to one, that controls instead of the default.

Statutory vs. “reasonable” — how Louisiana decides

The 2.5% is only a fallback: a will can set more or less, the heirs and legatees can agree to a different figure, and the court can raise it for a complicated succession. Compensation is not payable until the representative's final account is homologated, though the court may allow an advance.

A quick map of how states handle this: some (like California, New York, Florida, and Ohio) set the fee by a statutory percentage; others (like Pennsylvania, Illinois, and Michigan) use a “reasonable compensation” standard with no fixed schedule. Louisiana falls into the percentage camp.

How the fee is taxed in Louisiana

An executor’s commission is taxable income to the person who receives it, reported as compensation for services. An inheritance is not taxed as income to the beneficiary. (IRS Publication 559.)

This distinction has a documented consequence where the executor is also a beneficiary: the same dollars reach that person either way, but the commission is subject to income tax and the inherited share is not. The commission is also deductible to the estate, while a distribution to a beneficiary is not — so the net effect depends on the estate’s tax position as well as the individual’s.

Other documented factors:

  • Where the executor is not a beneficiary, waiving the commission does not redirect the money to them.
  • Louisiana courts can approve additional compensation for extraordinary work — a contested estate, a business wind-down, a property sale.
  • The commission is a maximum entitlement, not a requirement. An executor may take less, or waive it entirely, and the waiver is commonly documented in writing before the estate closes.

What the fee does and doesn’t cover

The commission compensates the executor for ordinary administration. Two things to keep separate:

  • The attorney’s fee is separate. The estate’s lawyer is paid on top of the executor’s commission — and in some states (California is the clearest example) the attorney is entitled to the same statutory amount as the executor, effectively doubling the statutory cost.
  • Extraordinary work can be billed extra. Selling real estate, running a business, handling litigation or a tax audit — Louisiana courts can approve additional compensation for work beyond routine administration.

Executor fees vs. total probate cost in Louisiana

The executor’s fee is only one line on the probate bill. Court costs, the attorney’s fee, appraisals, bonds, and publication all add up on top of it. To see the full picture for Louisiana, read How Much Does Probate Cost in Louisiana?.

And remember: assets that avoid probate entirely — through a funded living trust, beneficiary designations, or joint ownership — generally pay no executor commission at all, because they never pass through the estate the executor administers.

What the record shows

Item Louisiana
Basis for compensation percentage
Governing statutes La. Code Civ. Proc. art. 3351 (amount of compensation; when due); La. Code Civ. Proc. art. 3351.1 (additional compensation)
State authority Louisiana State Legislature (legis.la.gov)

The commission compensates ordinary administration and is separate from the estate attorney’s fee. It is taxable income to the executor; an inherited share is not. Extraordinary services can be separately compensated on court approval. Assets that pass outside probate — by funded trust, beneficiary designation, or joint ownership with survivorship — are not part of the estate the commission is calculated on.

Frequently asked questions about Louisiana executor fees

How much should an executor be paid for handling a will in Louisiana?

In Louisiana, the executor's (or administrator's) pay is whatever the will provides or the heirs agree to; absent that, the Code of Civil Procedure sets a default of 2.5% of the amount of the estate inventory (La. C.C.P. art. 3351). On a $400,000 succession that's about $10,000. The estate's attorney is paid separately, and family executors often waive the fee since it's taxable income.

What does Louisiana consider a reasonable — or excessive — executor fee?

Either way, the test is whether the fee is in proportion to the work. Where the fee is set by a statutory schedule, that scheduled amount is treated as reasonable for ordinary administration, and anything above it (for extraordinary work like selling real estate or running a business) has to be justified to the court. Where the standard is “reasonable compensation” with no fixed percentage, the court decides what fits the actual work — so a commission out of proportion to the effort can be questioned by the beneficiaries and reduced. The 2.5% is only a fallback: a will can set more or less, the heirs and legatees can agree to a different figure, and the court can raise it for a complicated succession. Compensation is not payable until the representative's final account is homologated, though the court may allow an advance.

Do executors of a trust get paid in Louisiana?

Watch the terms: a will has an executor, while a living trust has a trustee — different roles with different rules. A successor trustee who settles a trust is also entitled to reasonable compensation in Louisiana, but that’s governed by the trust document and state trust law, not the executor-fee rule on this page. If the trust names a fee, that controls; otherwise “reasonable compensation” applies. Like executors, many family trustees waive the fee when they’re also the main beneficiary. See Trustee vs. Executor.

Are executor fees taxable in Louisiana?

Yes. An executor’s commission is taxable income to whoever receives it (reported on their federal return, and on their state return where Louisiana taxes income). An inheritance, by contrast, is not taxed as income. That gap is exactly why an executor who is also a main beneficiary often waives the fee — the same dollars arrive either way, but the fee is taxed and the inheritance isn’t.

Can an executor in Louisiana waive the fee?

Yes. Taking the commission is a choice, not an obligation — an executor can decline it entirely or take less than the maximum. When the executor is also inheriting, waiving is usually the smarter move for the tax reason above.

When is the executor’s fee paid?

The commission is paid out of the estate during administration — after debts and taxes, before the remaining assets are distributed to the beneficiaries — and generally has to be approved as part of settling the estate. It is not paid upfront.

Executor fees in other states

Compare Louisiana with what executors are paid in other states:

This page explains executor (personal representative) compensation in Louisiana in general terms as of 2026. It is not legal or tax advice; fee rules, statutes, and figures change and depend on your situation. Confirm current rules with a licensed Louisiana attorney, and ask a tax professional before waiving or accepting a fee. Sources: Louisiana State Legislature (legis.la.gov); La. Code Civ. Proc. art. 3351 (amount of compensation; when due), La. Code Civ. Proc. art. 3351.1 (additional compensation).

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