Missouri Executor Fees: Statutory Rates, Caps, and Payment

Missouri executor fees follow a sliding percentage scale set by statute, applied to the value of assets that pass through probate. The percentages run from 5 percent on the first $5,000 down to 2 percent on anything above $1 million, with a $400,000 probate estate yielding a statutory minimum of $11,550. A will can set a different amount, the probate court can approve more, and co-executors share a capped total.

The Percentage Schedule

When a will is silent on compensation, or there is no will, Missouri Revised Statutes 473.153 sets the minimum fee using tiered percentages. Each rate applies only to the slice of the estate within its bracket:

5 percent on the first $5,000
4 percent on the next $20,000
3 percent on the next $75,000
2.75 percent on the next $300,000
2.5 percent on the next $600,000
2 percent on everything above $1,000,000

Worked out on a $100,000 estate, that comes to $250 plus $800 plus $2,250, or $3,300. A $1,000,000 estate produces a minimum fee of $26,300.¹

What the Fee Is Calculated On

The percentages apply to the personal property the executor administers plus the proceeds of any real estate sold under a court order. Bank accounts, investment accounts, and vehicles are in. Real estate that the executor manages but does not sell is not included in the percentage base.¹

Assets that avoid probate entirely fall outside the calculation. That includes jointly held property passing to a surviving owner, accounts with named beneficiaries such as life insurance or retirement funds, and real estate transferred by beneficiary deed. An $800,000 estate on paper may leave only $300,000 flowing through probate, and the executor’s fee is calculated on the $300,000.

When the Court Can Approve a Higher Fee

The statutory percentages are a floor. If the standard fee does not fairly reflect the work, the probate court can approve additional compensation to reach a “reasonable and adequate” amount. The statute states that extraordinary services are not a prerequisite for a higher fee.¹

The executor petitions the court and explains why the minimum falls short. Running the decedent’s business during probate, defending the estate in litigation, working through complicated debts, or handling a lengthy tax dispute are common reasons. The court has discretion, and there is no formula for how much extra is allowed.

When the Will Sets Compensation

A will can override the statutory schedule with a flat amount, an hourly rate, a different percentage, or any other arrangement. If the will addresses compensation, that provision governs.¹

If the will’s compensation is less than the statutory minimum, the executor can renounce it in writing with the probate court and fall back on the percentage schedule. Timing matters. The renunciation must be filed before the executor formally qualifies as personal representative; once you accept the appointment on the will’s terms, you are generally bound by them.¹

Co-Executors Share a Capped Total

When two or more people serve together, or one succeeds another, the total pay is capped at the lesser of twice the single-executor statutory minimum or 5 percent of the estate’s value. On a $400,000 estate where one executor would earn $11,550, two co-executors together can receive up to $20,000, since 5 percent of $400,000 is less than twice $11,550.¹

The court divides the allowed amount based on what each co-executor actually did, unless they agree on a different split themselves. The cap does not apply where extraordinary services were performed, or where the executor took possession of real property under a court order without selling it.¹

Independent Administration Works Differently

Estates administered independently, with less court oversight, follow the same statutory minimum, but an independent personal representative cannot collect above that minimum without first getting court authorization. That is a real limit compared with supervised administration, where the court approves higher fees as part of its ongoing oversight.²

Renunciation is also heavier here. If the will provides specific compensation and the independent executor wants to reject it, doing so generally means giving up the right to administer the estate independently under the will-based path. That pushes the estate into supervised administration unless the court or the beneficiaries authorize independent administration through another provision. Rejecting a will’s compensation is a much bigger decision for an independent executor than for one serving under court supervision.²

When the Executor Actually Gets Paid

Executor compensation is paid from the estate as an expense of administration, and Missouri ranks it high in the priority order. Court costs come first, then expenses of administration (including executor fees), then family and homestead allowances, funeral expenses, federal taxes, and so on down to general creditor claims.³

The executor typically requests the fee as a line item in the final settlement filed with the probate court. The court audits the settlement, and compensation is not payable until it approves. Errors or beneficiary objections stall the whole process until they are resolved.¹

In a solvent estate, the priority ranking rarely matters because there is enough to go around. In an estate that cannot pay all its debts, that high priority is what protects the fee: the executor gets paid before most creditors and before any beneficiary receives anything.³

Taxes on What You Receive

An executor fee is taxable income and must be reported on the personal representative’s federal income tax return. Whether self-employment tax also applies depends on the role. Professional executors, such as banks, trust companies, or attorneys who regularly serve in this capacity, owe self-employment tax on the fees. A nonprofessional executor serving once for a friend or family member generally does not, unless the estate includes a business the executor actively participates in running and the fees relate to that business.

Executors who are also beneficiaries sometimes waive the fee. An inheritance is generally not taxable income to the recipient, so trading a taxable fee for a larger inheritance share can leave the executor better off after tax. The waiver has to be done before the fee is earned or paid to work cleanly.

1
Missouri Revisor of Statutes. Missouri Revised Statutes 473.153 – Compensation of Personal Representatives, Accountants and Attorneys
2
Missouri Revisor of Statutes. Missouri Revised Statutes 473.823 – Compensation of Independent Personal Representative and Attorney
3
Missouri Revisor of Statutes. Missouri Code 473.397 – Classification of Claims