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 Mississippi, the compensation of an executor of a will, also known as a personal representative, is governed by state law. The Mississippi Code does not provide a specific formula for calculating the compensation of an executor. Instead, compensation is usually determined by what is considered 'reasonable' based on the size and complexity of the estate, the time spent by the executor in carrying out their duties, and the success of the executor in managing the estate affairs. If the will itself specifies a certain amount or method for compensation, that provision will typically be honored unless it is deemed excessive or unreasonable. If the will is silent on the matter, or if the executor believes the compensation provided in the will is insufficient, the executor may petition the probate court for reasonable compensation. The court will then determine the appropriate fee based on the circumstances of the estate administration. It is important for executors to keep detailed records of their activities and time spent on estate matters to support their request for compensation.