Although many executors of wills manage the administration of the deceased person’s (decedent’s) estate without compensation, a person who makes a will (testator) may provide for compensation of the executor in the will. And many states have laws (statutes) that provide a formula for calculating the compensation of an executor. These laws vary from state to state and are often located in the estates code, probate code, or similarly-named code.
In Georgia, the compensation of executors of wills is governed by the Georgia Code. Specifically, the compensation is addressed under Title 53, which pertains to Wills, Trusts, and Administration of Estates. According to Georgia law, if the will does not specify the amount of compensation for the executor, the executor is entitled to receive a commission that is considered reasonable for the service performed. This reasonable compensation is often interpreted as a percentage of the estate's value, typically around 2.5% to 3% of the assets received and paid out by the estate. However, the exact percentage can vary and may be subject to the discretion of the probate court. If the will specifies a compensation amount or a different method of calculating the compensation, the terms of the will take precedence over the statutory guidelines. Executors in Georgia also have the right to renounce their fee, which they must do in a timely manner if they choose not to accept compensation.