DC Executor Fee: How Much Is It, Exactly?

Q: Does DC's pre-1995 guideline still apply to any estates today?

No - former Probate Division Rule 125's 4.5% to 8% combined guideline applied only to estates of people who died before July 1, 1995. Every estate today falls under the pure reasonable-compensation standard instead.

Q: What is the ethics-shield provision in DC's compensation statute?

Section 20-753(c) provides that paying an attorney serving as personal representative, even if a court later orders the amount refunded to the estate, isn't by itself treated as a taking or misappropriation of client funds under DC's ethical or disciplinary rules.

Q: What happens if a DC personal representative is given an advance estimate of their compensation?

Section 20-753(b) lists any estimate of compensation provided to the personal representative in advance as one of the factors the court weighs in assessing reasonableness, alongside the time actually spent and the complexity of the work.

Q: Why does DC's small estate rule bar commission entirely rather than just capping it?

The small estate procedure under section 20-353 is designed as a stripped-down process - no attorney required, no bond required, and correspondingly no commission, reflecting the reduced scope of what the personal representative actually has to do.

Quick answer: D.C. Code § 20-751 allows a personal representative "reasonable compensation for services" — no percentage, no schedule. What sets DC apart is how explicit § 20-753 gets about the factors behind that word "reasonable," a defunct pre-1995 percentage guideline still worth knowing about, and a small estate rule that pays the personal representative literally nothing. Get an illustrative estimate with the DC executor fee calculator.

The bare standard

D.C. Code § 20-751: "Except as may otherwise be ordered by the Court for good cause shown in respect to a supervised personal representative or a special administrator, a personal representative is entitled to reasonable compensation for services." No formula — the DC Superior Court, Probate Division, decides on the facts of each estate.

A defunct guideline worth knowing about

Historical only, not current law: for estates of people who died before July 1, 1995, former Probate Division Rule 125 set a guideline of 4.5% to 8% of the estate's assets and income, combined for the personal representative and attorney together — not a separate figure for each. That guideline has no application to any estate today; every current estate falls under the pure reasonable-compensation standard.

The four factors, named explicitly

§ 20-753(b): in determining reasonableness, the Court considers, based on verified statements: "(1) the reasonable relationship of the compensation to the nature of the work performed; (2) any estimate of such compensation provided to the personal representative...; (3) the reasonableness of the time spent, including the number of hours spent and the usual hourly compensation for the work performed; (4) the nature and complexity of the matters involved and difficulties encountered, and the results achieved" — plus any other factor the Court deems relevant.

The ethics-shield provision

§ 20-753(c): "The payment of any compensation to any attorney pursuant to this provision (including compensation taken or claimed by an attorney as personal representative), even if later ordered by the Court to be refunded to the estate in whole or in part, shall not in and of itself be considered to be a taking or misappropriation of client funds under (or any other such violation of) any applicable ethical or disciplinary statutes or rules by that attorney." A genuinely distinctive protection: an attorney-personal representative who takes compensation later found excessive and ordered refunded isn't automatically exposed to an ethics violation for having taken it.

Small estates: zero, not reduced

D.C. Code § 20-354(a): "No person appointed as a personal representative in accordance with section 20-353 shall be required to be represented by an attorney or to give bond or be entitled to receive any commission for the performance of duties as personal representative." DC's small estate track (Title 20, Chapter 3, Subchapter VI) trades a stripped-down, no-attorney, no-bond process for a bright-line rule: no commission at all.

Facing probate in District of Columbia?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a District of Columbia attorney

DC executor fee — frequently asked questions

Does DC's pre-1995 guideline still apply to any estates today?

No — it applied only to deaths before July 1, 1995. Current estates use the pure reasonable-compensation standard.

What is the ethics-shield provision in DC's compensation statute?

Section 20-753(c) shields an attorney-personal representative from an automatic ethics violation if compensation is later ordered refunded.

What happens if a DC personal representative is given an advance estimate of their compensation?

That estimate is one of the factors the court weighs under section 20-753(b).

Can the DC Superior Court order a personal representative's compensation without going through the ordinary factors?

Section 20-751 allows the Court to order otherwise for good cause shown, for a supervised representative or special administrator.

Why does DC's small estate rule bar commission entirely rather than just capping it?

The small estate procedure is a stripped-down process without an attorney or bond requirement, and correspondingly no commission.

Estimate for general guidance only, not legal advice. Based on D.C. Code § 20-751, § 20-753, and § 20-354. The pre-1995 guideline is historical only. Verify with the DC Superior Court, Probate Division, or a licensed DC attorney.