How much does an executor get paid in Texas?
Short answer
Texas pays an executor 5% of the cash actually received and 5% of the cash actually paid out, capped at 5% of the gross fair market value of the estate.
Source: Texas Estates Code §352.002. Not legal advice — the probate court has the final word.
What counts toward the fee
Texas counts cash movements, not estate value. Not counted: cash on hand or in bank and brokerage accounts at death, life insurance proceeds, and money paid out to heirs and beneficiaries. So an estate that is mostly a bank account and a house left to the kids can produce a small fee.
If 5% would be unreasonably low, §352.003 lets the court award reasonable compensation instead.
Worked examples
| Situation | Executor fee |
|---|---|
| Sold the house ($420,000 in), paid $95,000 of debts and costs; estate worth $650,000 | $25,750 |
| Same cash, but the estate’s gross value is $400,000 — the cap applies | $20,000 |
| $500,000 in a bank account at death, paid straight to the heirs | $0 |
Taxes and waiving the fee
Yes. An executor commission is taxable income to the executor. An inheritance generally is not, which is why an executor who is also a beneficiary often waives the fee.
No. Executors can decline the commission. Whether waiving makes sense depends on whether the executor is also a beneficiary and on their tax situation — check with the estate’s attorney.
For the executor doing the work
Keep the record that justifies the fee
Estate Executor OS tracks every asset, account, receipt and payout, plus the probate deadlines — the same records a Texas court asks for in the final accounting. One offline file, one-time $29.00.
Executor pay in other states
Related: How to manage an estate as executor · Probate deadlines every executor must know · Free final estate accounting template