Indiana Executor Fee: How Much Is It?

No statutory formula — and Indiana courts have accepted both hourly and percentage-based approaches to "just and reasonable" compensation. Here's how it actually plays out.

Ind. Code § 29-1-10-13 FigureMyTax Editorial Team

Quick answer: There's no statutory percentage in Indiana. Under Ind. Code § 29-1-10-13, a personal representative is entitled to whatever compensation the court "shall deem just and reasonable." In practice, some Indiana courts review requests hourly (older secondary sources cite roughly $15-30/hr), while more recent practice observations describe some counties accepting percentage-based requests around 1.8-2.8% of estate value. Neither is set by law. Get your own illustrative estimate with the Indiana executor fee calculator, which lets you model either approach.

No formula, by design

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." That's the operative rule — no percentage, no schedule, no hourly cap written into the statute.

Two approaches, both used in practice

Indiana courts weigh the skill required, the nature and complexity of the estate, fees customarily charged in similar cases, and the overall size of the estate. Some courts apply this hourly — matching a requested rate against what's typical locally for comparable fiduciary work. Others, in certain counties, have accepted requests expressed as a percentage of estate value instead. Neither method is required by the statute; which one your court leans toward is worth confirming with local counsel or the clerk's office before assuming either applies.

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, switching to court-determined compensation instead of the will's stated amount is no longer an option.

Attorney-personal representatives can bill separately

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." A personal representative who is also a licensed attorney performing genuine legal work for the estate can have that work compensated apart from the standard personal representative fee.

Courts have real discretion, and appellate courts defer to it

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 awarded is within the trial court's discretion, and an appellate court won't disturb it absent an abuse of that discretion.

Illustrative examples

Estate value~1.8%~2.3%~2.8%
$150,000$2,700$3,450$4,200
$350,000$6,300$8,050$9,800
$700,000$12,600$16,100$19,600

Illustrative only — not statutory. The calculator also lets you model an hourly estimate instead.

Facing probate in Indiana?

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

Talk to an Indiana attorney

Indiana executor fee — frequently asked questions

Why does Indiana leave the choice between hourly and percentage billing to local practice?

Because § 29-1-10-13 sets no formula at all, only a just-and-reasonable standard, individual courts have developed their own conventions, with some leaning toward hourly review and others accepting percentage-based requests.

What factors does an Indiana court weigh under the just-and-reasonable standard?

The skill required, the nature and complexity of the estate, fees customarily charged in similar cases, and the overall size of the estate.

Do Ford v. Peoples Trust and In re Estate of Meguschar set a specific dollar amount for Indiana executor fees?

No — these cases establish that the amount awarded is within the trial court's discretion and won't be disturbed on appeal absent an abuse of that discretion, not a specific formula or number.

Can an Indiana personal representative charge separately for legal work on the estate?

Yes, if they are a licensed attorney performing genuine legal work for the estate — that work can be compensated apart from the standard personal representative fee.

Should I confirm local practice before assuming a percentage rate applies in Indiana?

Yes — since neither approach is required by statute, and practice varies by county, confirming with local counsel or the clerk's office is the reliable way to know what to expect.

Estimate for general guidance only, not legal advice. Based on Ind. Code ยง 29-1-10-13 and Indiana case law (Ford v. Peoples Trust & Sav. Bank, In re Estate of Meguschar). Indiana sets no statutory percentage or hourly rate; illustrative figures come from secondary sources and informal local practice, not law. A will's own terms control unless renounced in writing before the personal representative qualifies. Verify with the probate court or a licensed Indiana attorney.