How Indiana executor compensation actually works
Indiana uses a "just and reasonable" standard with no statutory percentage — and, unusually, courts have accepted both hourly and percentage-based approaches depending on the county and the facts of the estate.
1. "Just and reasonable," not a formula
Ind. Code § 29-1-10-13: when no compensation is provided in the will, or when the personal representative renounces the will's provision, the personal representative "shall be allowed such compensation for his services as the court shall deem just and reasonable." No percentage, no fixed schedule is written into the statute.
2. Two different methods show up in practice
Some Indiana courts have historically reviewed compensation on an hourly basis, weighing whether the requested rate matches what's typical for similar work in the area. Separately, more recent practice observations describe some counties landing on fees expressed as a percentage of estate value (roughly 1.8-2.8%, per secondary sources). Neither is required by the statute — both are ways courts have applied the "just and reasonable" standard in practice, and which one your county leans toward is worth confirming locally.
3. The will's terms control — with a narrow opt-out window
Ind. Code § 29-1-10-13: "If a testator by will makes provision for the compensation of his personal representative, that shall be taken as his full compensation unless he files in the court a written instrument renouncing all claims for the compensation provided by the will before qualifying as personal representative." Once qualified, this window to switch away from the will's stated amount is closed.
4. Extra pay if the personal representative is also the attorney
Ind. Code § 29-1-10-13: "Additional compensation may be allowed for his services as attorney and for other services not required of a personal representative." If the personal representative happens to be a licensed attorney and performs legal work for the estate, that work can be compensated separately from the standard personal representative fee — the same structure Washington uses.
5. Fee requests are reviewed for abuse of discretion
Ford v. Peoples Trust & Sav. Bank, 651 N.E.2d 1193 (Ind. Ct. App. 1995); In re Estate of Meguschar, 511 N.E.2d 307 (Ind. Ct. App. 1987): the amount of fees awarded is within the trial court's discretion and won't be disturbed on appeal absent an abuse of that discretion — meaning the trial court's assessment of what's "reasonable" carries real weight.
| Component | Indiana figure | Source |
|---|---|---|
| Statutory formula | None — "just and reasonable" only | Ind. Code § 29-1-10-13 |
| Will-specified compensation | Controls unless renounced before qualifying | Ind. Code § 29-1-10-13 |
| PR who is also the attorney | May bill separately for attorney work | Ind. Code § 29-1-10-13 |
| Illustrative hourly practice | ~$15-30/hr (older secondary sources) | Not statutory |
| Illustrative percentage practice | ~1.8-2.8% of estate value (some counties) | Not statutory |