How much does an executor get paid in Georgia?

Under O.C.G.A. 53-6-60, when the will does not set compensation, a Georgia executor is entitled to 2.5% of all money received by the estate plus 2.5% of all money paid out - not a single percentage of estate value. On an estate that receives and later disburses $500,000 in cash, that is $12,500 plus $12,500, for a total of $25,000. The statute also allows a 10% commission on interest earned on estate money the representative loans out, and up to a 3% commission on non-cash property distributed in kind, by petition to the court.

What is the Georgia executor fee formula?

O.C.G.A. 53-6-60 sets a default formula with up to four components when the will is silent: 2.5% of all sums of money received by the executor, 2.5% of all sums paid out, 10% of interest earned on estate money loaned by the representative, and up to 3% on the value of property distributed in kind rather than sold, awarded by the court on petition. The base is cash flow through the estate, not the estate's static value - assets that pass directly to a beneficiary, such as payable-on-death accounts, are not part of this calculation.

Does the will override Georgia's statutory executor fee?

Yes. If a Georgia will specifies the executor's compensation - a flat amount, a different percentage, or that no fee is to be paid - that provision controls and the O.C.G.A. 53-6-60 formula does not apply. The statutory formula only fills in when the will is silent on compensation and there is no separate agreement.

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Q: Can a Georgia executor waive their fee?

Yes. A Georgia executor - most often a family member who is also a beneficiary - can decline the statutory commission. Many do, since an inheritance is generally not taxable to the recipient while an executor fee is taxable income. The waiver should be a clear, deliberate decision, not an assumption, since other heirs may expect it or the executor may not realize the fee was optional until asked.

How the Georgia executor fee actually works

Georgia is one of the states that still runs a real statutory commission formula rather than a bare "reasonable compensation" standard — but it's a formula on cash flow, not on the estate's total value, which surprises a lot of first-time executors.

1. The default formula — up to four components

O.C.G.A. § 53-6-60: where compensation is not fixed by the will or by agreement, the personal representative receives 2.5% of all sums of money received (excluding money the representative personally loaned to and was repaid by the estate), 2.5% of all sums paid out, 10% of any interest earned on estate money the representative loans out, and — by petition to the court — reasonable compensation not exceeding 3% on the value of property distributed in kind rather than sold. A fourth, rarer component allows compensation for managing working land (such as a farm) for the estate's beneficiaries, capped at 10% of the property's annual income. The base is money actually moving through the executor's hands, not the estate's static worth: an estate that liquidates everything and distributes cash generates commission twice, while a house passed directly to an heir in kind generates far less on the same nominal value.

2. The will comes first

Statute is a default, not a floor or ceiling: if the will specifies the executor's compensation — a flat sum, a different percentage, or that no fee is paid — that provision controls entirely. § 53-6-60 only fills in when the will is silent and there's no separate agreement.

3. Assets that don't count

Payable-on-death accounts, life insurance, retirement accounts with a named beneficiary — these pass directly and never flow through the executor, so they're excluded from the received/paid-out base.
Trust assets — administered outside probate, not part of this calculation.

4. Waiving the fee

Common for family executors: a family member serving as executor — especially one who is also a beneficiary — can decline the commission, and most do, partly because an inheritance is generally tax-free while an executor fee is taxable income. The waiver should be a deliberate decision, discussed before anyone assumes it.

Component	Georgia figure	Source
Commission on money received	2.5%	O.C.G.A. § 53-6-60
Commission on money paid out	2.5%	O.C.G.A. § 53-6-60
Commission on interest earned (loaned estate funds)	10%	O.C.G.A. § 53-6-60
Commission on in-kind property distributed	Reasonable, not exceeding 3% (by court petition)	O.C.G.A. § 53-6-60
Commission for managing working land	Not exceeding 10% of annual income (rare)	O.C.G.A. § 53-6-60
Fee if will specifies compensation	Will's terms control, not the statute	O.C.G.A. § 53-6-60 et seq.

Georgia executor fee — frequently asked questions

How much does an executor get paid in Atlanta (Fulton County)?

The O.C.G.A. § 53-6-60 formula is statewide, so a Fulton County (Atlanta) executor uses the same 2.5%/2.5% math as anywhere in Georgia. On an estate that receives and pays out $300,000 in cash, that's $7,500 plus $7,500 — $15,000 total — before any waiver, in-kind commission, or will provision changes the number.

Is the Georgia executor fee based on estate value or cash flow?

Cash flow. The 2.5% + 2.5% formula applies to money actually received and paid out by the executor, not the estate's total appraised value. An estate with $1,000,000 in assets that pass directly to named beneficiaries (life insurance, POD accounts) generates little or no statutory commission, while a smaller estate that's fully liquidated and distributed in cash generates commission on the full amount, twice.

What if the will names a different executor fee?

The will controls. O.C.G.A. § 53-6-60 only applies as a default when the will doesn't address compensation. A will can set a flat fee, a different percentage, or state that the executor serves without pay — and that provision overrides the statutory formula entirely.

Can a Georgia executor waive their fee?

Yes, and many family-member executors do, especially when they're also a beneficiary — since an inheritance is generally not taxable but an executor fee is. It should be a deliberate, discussed decision rather than an assumption on either side.

Is the Georgia executor fee taxable?

Yes — executor fees are taxable income under federal law regardless of state. See our guide to how the executor fee is taxed, and when to waive it for the IRS rules on self-employment tax and reporting.

How is the fee split between Georgia co-executors?

Georgia has one total commission for the estate, divided among simultaneous personal representatives according to the services each one rendered — it does not multiply by the number of executors. See our guide to Georgia co-executor fee splits.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on Georgia statute (O.C.G.A. § 53-6-60) The commission formula applies only when the will does not set compensation and there is no separate agreement; a will's own terms always control instead. The 10% interest commission and the 3% in-kind commission (which requires a court petition) are not automatically included unless you select them above. Actual amounts depend on the estate's specific transactions and court approval. Confirm current figures with the Probate Court or a licensed Georgia attorney before acting.