Question 1

How are probate executor and attorney fees calculated?

Accepted Answer

Some states (like California and New York) use strict statutory fee schedules based on the gross value of the estate. Other states (like Florida) have presumptive limits, while Texas uses a cash-flow commission schedule (5% of receipts and payments).

Question 2

Should a family member waive the executor commission?

Accepted Answer

Yes, many family members waive their executor fee if they are also heirs. Executor commissions are treated as ordinary taxable income, whereas inheritance is generally tax-free at the federal level.

How much does probate actually cost?