Maine Executor Fee: How Much Is It?

No percentage table — but six real factors, written directly into the statute by the Legislature, not left for a court to invent case by case.

18-C M.R.S. § 3-719, § 3-721 FigureMyTax Editorial Team

Quick answer: 18-C M.R.S. § 3-719 entitles a personal representative to "reasonable compensation" — no percentage, no schedule. What makes Maine distinctive is § 3-721(2), which lists six specific factors the Legislature wrote directly into the statute for judging that reasonableness — a real, codified test, not something left entirely to case law. Get an illustrative estimate with the Maine executor fee calculator.

The bare standard

18-C M.R.S. § 3-719: "A personal representative is entitled to reasonable compensation for the personal representative's services." Enacted in 2017 as part of Maine's full recodification of its probate code into the new Title 18-C.

Six factors, written into the statute itself

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."

What each factor actually means in practice

A — Time, labor, novelty, difficulty, skill: the baseline hours-and-complexity test most states use in some form. B — Preclusion of other work: a factor that leans toward professional fiduciaries who set aside other clients to take the job, less relevant for a family member handling one estate. C — Customary local fee: what similar work typically costs in that part of Maine. D — Amount and results: both the size of the estate and how well it was actually handled. E — Time limitations: whether the personal representative or the circumstances (a fast sale, a court deadline) compressed the available time. F — Experience, reputation, ability: who actually did the work matters, not just how long it took.

The court can still review a self-determined fee

§ 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.

The will's compensation, and renouncing it

§ 3-719: if the will sets compensation and there's no separate contract with the decedent about it, 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.
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Maine executor fee — frequently asked questions

Why did Maine write six specific factors into its probate statute instead of leaving reasonableness undefined?

As part of its 2017 recodification into Title 18-C, the Legislature chose to codify a specific factor list rather than leave courts to develop standards case by case.

Does factor B about precluding other employment apply equally to family and professional fiduciaries?

It leans more toward professional fiduciaries who set aside other clients — a family member handling one estate typically has less to point to here.

Can a Maine court order a refund years after compensation was taken?

The review mechanism is triggered by notice or a petition, without a specific statutory deadline described here.

Does renouncing a will's compensation provision require going to court in Maine?

It requires renouncing before qualifying, which is a filing step rather than a full court hearing.

Are all six Maine reasonableness factors weighted equally?

The statute lists them as guides without assigning specific weights, leaving the court to balance them.

Estimate for general guidance only, not legal advice. Based on 18-C M.R.S. § 3-719 and § 3-721. Maine sets no statutory percentage or fixed hourly rate. Verify with the probate court or a licensed Maine attorney.