How Much Does an Executor Get Paid in Harris County?

When you’ve been named executor of a will in Harris County, one of the first questions you’re likely to ask is whether you’ll be paid for your time. The answer is yes, but the rules around how much and on what are more specific than most people expect. Texas law sets a default compensation formula, but the commission base excludes several common asset types, which means the actual payout is often far smaller than the headline percentage suggests. Houston Probate Attorney Kyle Robbins explains what Harris County families should know about executor compensation and how the rules play out in practice.

Key Takeaways

• Texas law allows executors up to 5% compensation under Tex. Est. Code §352.002, but the commission applies to cash actually received and cash actually paid out during administration, not to the total estate value.
• Major asset types are excluded from the commission base, including savings accounts, CDs, money market accounts, and life insurance proceeds payable at death.
• The will itself can override the default formula, setting a fixed fee, a different percentage, or waiving compensation entirely.
• Harris County beneficiaries can challenge executor compensation if the executor was negligent, self-dealing, or failed to administer the estate properly.
• A four-year deadline applies to probating a will under Tex. Est. Code §256.003, and missing it can cost the executor both the right to serve and any compensation claim.

Texas Law Sets the Default: The 5% Commission Rule

The starting point for executor compensation in Harris County is Texas Estates Code Section 352.002 (Tex. Est. Code §352.002). Harris County has no separate local fee schedule. The Estates Code governs, and it applies uniformly across all five of Harris County’s statutory probate courts: Courts No. 1 through 4 at 201 Caroline St., Houston, TX 77002 (Judges Jerry Simoneaux, Mike Rosen, Jason Cox, and James Horwitz), and Court No. 5 at 1115 Congress St., Houston, TX 77002.

The default formula allows a commission of up to 5% on cash actually received by the executor during administration, plus up to 5% on cash actually paid out during administration. Many sources shorthand this as “up to 5%,” which is technically accurate but can be misleading. The commission is two-sided: you calculate it on money coming in and money going out, not on a single gross estate figure. In practice, that distinction matters a great deal, as the next section explains.

One important override: the will itself controls. If the testator specified a fixed dollar amount, a different percentage, or waived executor compensation entirely, the Harris County Probate Courts will honor that language over the §352.002 default. Executors should read the will carefully before assuming the statutory formula applies. Additionally, if a court finds that the executor has not faithfully administered the estate, it has authority under §352.002 to reduce or deny compensation altogether, regardless of what the formula would otherwise yield.

What Counts and What Doesn’t Toward the Commission Base

This is where executor compensation in Harris County gets misunderstood most often. The 5% commission does not apply to everything in the estate. Three major categories are excluded from the commission base under §352.002.

First, cash or cash equivalents already on hand at the time of death are excluded. This includes checking accounts, savings accounts, certificates of deposit, and money market accounts held at financial institutions or brokerage firms. If a decedent had $80,000 sitting in a Wells Fargo savings account at the time of death, that $80,000 does not factor into the executor’s commission base.

Second, life insurance proceeds payable by reason of the decedent’s death are excluded. A $150,000 life insurance payout to the estate is not commissionable.

Third, distributions made to heirs or legatees in their capacity as heirs or legatees are excluded. When the executor writes a check to a beneficiary as their inheritance, that disbursement does not count toward the commission base.

To make this concrete, consider a Houston homeowner who dies with a $255,000 home (near Harris County’s median home value), $80,000 in a savings account, and a $150,000 life insurance policy. The executor’s commission base does NOT include the $80,000 in savings or the $150,000 insurance payout. The commissionable cash flows are limited to money actually collected and disbursed during administration, such as proceeds from selling the home, rent collected on estate property, or debts paid from estate funds. Non-cash assets like real property are not directly commissionable either. The executor earns a commission only when those assets are converted to cash and that cash flows through the estate account.

With Harris County’s 54.8% homeownership rate, most estates here include real property. For many families, the home sale proceeds are the primary commissionable cash flow, which makes understanding these exclusions especially important.

How Harris County Probate Courts Evaluate Executor Compensation

In an independent administration, which is the most common form of probate in Harris County, the executor generally does not need prior court approval to pay themselves under the statutory formula. However, the compensation must be disclosed in the final accounting and is subject to court review if a beneficiary objects. For context on the executor’s broader duties and the paper trail that supports a compensation claim, Tex. Est. Code §309.051 requires the executor to file an inventory, appraisement, and list of claims within 90 days of receiving Letters Testamentary. That inventory creates the documentary foundation that any compensation claim rests on.

If a beneficiary files an objection, Harris County Probate Courts No. 1 through 4 have authority to adjust or deny compensation if the executor was negligent, engaged in self-dealing, or breached fiduciary duties. Courts look at whether the estate records are complete, whether administration moved at a reasonable pace, and whether the executor acted in the best interests of the estate. For more on what those duties involve, the independent administration in Harris County and breach of fiduciary duty pages explain both sides of that equation.

In a dependent administration, the process is more formal. The court must approve each significant action, which means compensation claims receive more scrutiny at each stage rather than only at the close of the estate.

“Many executors in Harris County don’t realize their compensation can be challenged by beneficiaries, especially if the estate records are incomplete or the administration dragged on.” - Houston Probate Attorney Kyle Robbins

Not sure whether your executor compensation is properly documented? Kyle Robbins offers consultations for Harris County probate matters. Book a Call →

What Executors Actually Get Paid on a Typical Harris County Estate

Grounding this in real numbers helps. Harris County’s median home value is approximately $255,000, and the median household income is $73,104. With roughly 542,000 residents aged 65 and older (about 11.4% of the county’s 4.7 million residents), executor compensation questions come up frequently as families settle estates that mix home equity, retirement accounts, and insurance.

Consider a hypothetical estate with the following cash flows during administration:

• Home sold for $255,000 (cash received)
• Personal property sold at estate sale for $15,000 (cash received)
• Debts and funeral costs paid from estate funds: $8,000 (cash disbursed)
• Distributions to heirs: $20,000 (excluded from base)

The commission base here is $255,000 plus $15,000 received, plus $8,000 disbursed, for a total of $278,000. At 5%, the maximum commission is $13,900. That is a meaningful number relative to the median household income, but it reflects an estate where the primary asset was a home that was sold.

Now contrast that with a different estate where most of the value sits in a $200,000 savings account and a $150,000 life insurance policy. Both are excluded from the commission base. If the only commissionable activity is paying $12,000 in debts and distributing the remaining cash to heirs (also excluded), the commission base is just $12,000, yielding a maximum commission of $600. The actual number varies widely depending on how the estate is composed.

One additional note: retirement accounts with named beneficiaries and payable-on-death (POD) bank accounts pass entirely outside probate. They are never part of the commission base.

Executor Pay vs. Probate Attorney Fees: How Costs Stack Up

Executor compensation and attorney fees are two separate costs. Both come from the estate, but they are distinct line items. Understanding how they interact helps families plan realistically.

Most Harris County probate attorneys bill hourly, which creates cost uncertainty. At Houston Probate Attorney, the firm publishes flat fees so families know the cost before work begins. For independent administration, the starting fee is $13,800+. Muniment of title starts at $4,900+. Intestate administration (no will) also starts at $13,800+. These are starting prices that depend on the facts of the case; the exact quote is confirmed in a free consultation before work begins. Court costs are separate: Harris County’s filing fee runs approximately $360 for most estate applications, certified copies are $5 plus $1 per page, and Letters Testamentary are $2 each. Pricing is current as of 2026 and subject to change.

For estates that include real property, the firm offers an equity-float option: legal fees can be advanced and repaid from the home’s sale proceeds at closing, with nothing due upfront. Pricing for that option varies by case and is not published; a free consultation is the right place to discuss it. For more on what the Harris County probate process involves from start to finish, that guide covers the full timeline and procedure.

“Executor compensation and attorney fees are both legitimate estate expenses. The key is making sure both are properly documented and disclosed so there are no surprises for beneficiaries at closing.” - Houston Probate Attorney Kyle Robbins

Ready to understand your probate costs before you commit? Kyle Robbins offers consultations for Harris County probate matters. Book a Call →

The 4-Year Deadline and What Executors Need to Know Before They Start

Executor compensation connects directly to timing. Under Tex. Est. Code §256.003, a will must be probated within four years of the decedent’s death, or the court may refuse to admit it. An executor who waits too long may lose the right to serve entirely, and with it, any claim to compensation for work already done or planned.

Once the will is admitted and Letters Testamentary are issued by one of the Harris County Probate Courts (Courts 1 through 4 at 201 Caroline St.; Court 5 at 1115 Congress St.), the executor’s formal duties begin. So does the period during which compensation accrues. Executors who miss the 90-day inventory deadline under §309.051, fail to notify creditors properly, or allow estate assets to depreciate through inaction risk having their compensation reduced or denied by the court, even if the administration eventually closes.

Beneficiaries who feel the administration has dragged on without good reason have standing to raise that concern, and a Harris County Probate Court can take it into account when reviewing the final accounting. For families facing a contested estate or a situation where the executor’s conduct is in question, the will contest page explains what that process looks like. The broader Harris County probate process guide is a useful starting point for anyone named executor who wants to understand the full scope of their duties before accepting the role.

If you have been named executor in a Harris County will, the time to consult with a probate attorney is before the four-year window closes, not after. Understanding both your duties and your rights from the start puts you in a far better position to administer the estate properly and protect your compensation claim.

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When executor compensation questions arise in Harris County, having a clear picture of the law and the local court process makes a real difference. At Houston Probate Attorney, Harris County probate is all we do. Probate attorney Kyle Robbins works with executors and beneficiaries across Harris County to make sure compensation is properly calculated, documented, and disclosed, so the estate closes without disputes over fees. Whether you are trying to understand what you are entitled to as executor, or you are a beneficiary questioning whether the compensation claimed is appropriate, the right first step is a conversation.

This article is for informational purposes only and does not constitute legal advice. Every probate case is unique. Consult a licensed Texas attorney for advice specific to your situation.