How the Maine executor fee actually works
No percentage table — but six real factors, written into the statute itself by the Legislature, not left for a court to invent.
1. Reasonable compensation, no formula in § 3-719
18-C M.R.S. § 3-719: "A personal representative is entitled to reasonable compensation for the personal representative's services." No percentage, no dollar table — the bare Uniform Probate Code standard, enacted as part of Maine's fresh 2017 recodification of its probate code.
2. Six factors, written directly into the statute
18-C M.R.S. § 3-721(2), "Reasonable fee factors": "Factors to be considered as guides in determining the reasonableness of a fee include the following: A. The time and labor required, the novelty and difficulty of the questions involved and the skill requisite to perform the service properly; B. The likelihood, if apparent to the personal representative, that the acceptance of the particular employment will preclude the person employed from other employment; C. The fee customarily charged in the locality for similar services; D. The amount involved and the results obtained; E. The time limitations imposed by the personal representative or by the circumstances; and F. The experience, reputation and ability of the person performing the services." Unlike states where courts had to supply reasonableness factors through case law, Maine's Legislature enacted this list directly.
3. Review and refund for self-determined amounts
§ 3-721(1): after notice to interested persons or on petition of an interested person, the court may review the reasonableness of compensation a personal representative determined for their own services, and order a refund of any excessive amount.
4. The will's compensation, and renunciation
§ 3-719: if the will sets compensation and there's no separate contract with the decedent, the personal representative may renounce that provision before qualifying and get reasonable compensation instead. A personal representative may also renounce all or part of the compensation generally, with a written renunciation filed with the court.
| Factor | What it weighs |
|---|---|
| A | Time, labor, novelty, difficulty, skill required |
| B | Whether the job precluded other work |
| C | Customary local fee for similar services |
| D | Amount involved and results obtained |
| E | Time limitations imposed |
| F | Experience, reputation, and ability |