How the Alaska executor fee actually works
No percentage anywhere — but a court rule with more factors than most reasonable-compensation states bother to write down.
1. The statute: reasonable compensation, full stop
AS 13.16.430: "A personal representative is entitled to reasonable compensation for services." The statute itself sets no percentage and lists no factors — the detail lives instead in a court rule.
2. Ten factors, from Alaska Probate Rule 7.1
Alaska Probate Rule 7.1: "A personal representative's fee shall be reasonable." Ten factors may be considered: (1) time and labor reasonably required; (2) the complexity of the estate; (3) the skill and training required to perform the duties; (4) the amount and degree of individual liability the personal representative may be exposed to; (5) time taken from the personal representative's own profession; (6) expenses and costs incurred, and whether they were charged to the estate; (7) whether agents were retained and the fees they charged, if any; (8) if the personal representative served in more than one capacity — attorney, accountant, appraiser, property manager, investment advisor, or another capacity — whether separate charges were made for those services; (9) whether one or more persons or a corporate fiduciary is appointed personal representative; and (10) other equitable factors deemed relevant.
3. A court rule that can override a conflicting statute
Probate Rule 1(d): the probate rules are promulgated under the Alaska Supreme Court's constitutional rulemaking authority, and where they conflict with a procedural statute not enacted specifically to change a rule, the rules supersede the statute. Rule 7.1's factor list is where the actual reasonableness analysis lives, even though the entitlement itself comes from AS 13.16.430.
4. No enacted percentage for attorney fees either
A bill that didn't become law: legislation was introduced in the Alaska Legislature to add a percentage fee schedule specifically for attorneys representing personal representatives (proposed as AS 13.16.437), with a matching cap making any higher agreement void. It does not appear in the codified Alaska Statutes across any recent edition — attorney compensation remains governed by the same reasonable-compensation standard, with no enacted percentage.
5. Renouncing a will's compensation term
AS 13.16.430, continued: "If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to reasonable compensation. A personal representative also may renounce the right to all or any part of the compensation. A written renunciation of fee may be filed with the court."
| Component | Alaska figure |
|---|---|
| Statutory formula | None — AS 13.16.430, reasonable compensation |
| Factors considered | Ten, under Probate Rule 7.1 |
| Attorney fee percentage | None enacted; same reasonable standard |