The Estate Planning Guide Est. 2026

How Much Does an Executor Get Paid in Massachusetts?

Published June 11, 2026 7 min read

Quick answer

Massachusetts does not use a percentage schedule — a personal representative (executor) is entitled to 'reasonable compensation' for services under Mass. Gen. Laws ch. 190B, §3-719. In practice that often means an hourly or task-based charge reviewed by the court, so on a $400,000–$500,000 estate the fee might run from a few thousand dollars up into the low five figures depending on the work. The estate's attorney is paid separately, and family executors frequently waive the fee because it is 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 Massachusetts 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 Massachusetts

Mass. Gen. Laws ch. 190B, §3-719 entitles a personal representative to reasonable compensation for services; there is no statutory percentage. Massachusetts appellate case law treats fees as hourly unless the decedent contracted otherwise, with reasonableness judged by the size of the estate, the complexity of the work, and the time spent.

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 Massachusetts example

On a $500,000 Massachusetts estate there is no fixed commission. A straightforward estate handled by a family member might involve a few thousand dollars of compensation (or a waived fee), while a professional fiduciary billing hourly could reach the low five figures — the probate court reviews the amount for reasonableness.

Statutory vs. “reasonable” — how Massachusetts decides

The court can adjust compensation up or down and may allow more for extraordinary work such as selling real estate, running a business, or handling litigation. A personal representative who also serves as the estate's attorney may be compensated in both roles.

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. Massachusetts falls into the reasonable camp.

Should a family executor in Massachusetts even take the fee?

Here’s the part most guides skip. An executor’s fee is taxable income to the person who receives it. An inheritance, by contrast, is not taxed as income to the beneficiary.

So when the executor is also a main beneficiary — a spouse or child inheriting most of the estate — taking the fee often makes no sense. The same dollars come to them either way, but the fee is taxed and the inheritance isn’t. In that situation, many Massachusetts executors simply waive the commission and take their inheritance instead.

Taking the fee usually makes sense when:

  • The executor is not a beneficiary (or only a small one), so waiving wouldn’t get them the money anyway.
  • The work is unusually heavy — a contested estate, a business to wind down, property to sell.
  • The executor is in a lower tax bracket than the bracket the inheritance would otherwise sit in (rare, but possible).

There’s no obligation to take the maximum — or to take anything. It’s a choice, and in Massachusetts it’s often a tax decision more than anything else.

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 — Massachusetts courts can approve additional compensation for work beyond routine administration.

Executor fees vs. total probate cost in Massachusetts

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 Massachusetts, read How Much Does Probate Cost in Massachusetts?.

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.

The honest takeaway

In Massachusetts, an executor is entitled to compensation for real work — and they should be paid for it when they’ve earned it and aren’t already inheriting the money. But if you’re the executor and the main heir, run the simple comparison first: the fee is taxable; your inheritance isn’t. Often the smartest move is to waive the commission and take your share.

If you’re choosing an executor, pick someone trustworthy and organized over someone who’ll charge the most — and consider keeping assets in a trust or beneficiary designations where you can, so less of the estate runs through a fee-charging probate at all.

Executor fees in other states

Compare Massachusetts with what executors are paid in other states:

This page explains executor (personal representative) compensation in Massachusetts 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 Massachusetts attorney, and ask a tax professional before waiving or accepting a fee. Sources: Massachusetts Court System / Massachusetts General Laws (malegislature.gov); Mass. Gen. Laws ch. 190B, §3-719 (compensation of personal representative), Mass. Gen. Laws ch. 190B, §3-721 (review of employment and fees).

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