How Massachusetts personal representative compensation actually works
Massachusetts has no percentage schedule — but it does have a genuinely precise, decades-old 7-factor test that courts still apply today.
1. Reasonable compensation, no formula
M.G.L. c.190B, § 3-719: "A personal representative is entitled to reasonable compensation for services." No percentage, no dollar table — the amount depends on the facts of each administration.
2. The McMahon v. Krapf 7-factor test
McMahon v. Krapf, 323 Mass. 118, 123 (1948), still cited by Massachusetts courts today: reasonableness turns on "the size of the estate, the marketable nature of the assets, the factual and legal questions involved in administering the estate, the time reasonably required to do the work, the skill and ability employed, the amounts usually paid others for similar work, and the results accomplished." No single factor is decisive on its own.
3. No pay for unnecessary work, and misconduct can cost you everything
McMahon v. Krapf, 323 Mass. at 123: a personal representative "is not entitled to compensation for services rendered which were unnecessary." Separately, Massachusetts courts have held that "a fiduciary who commits a breach of his fiduciary duty imperils his compensation" — though the rule isn't applied inflexibly in every case.
4. A will-condition can't be renounced like ordinary compensation
Official comment to § 3-719: if a will's fee provision is "framed as a condition on the nomination as personal representative, it could not be renounced" — different from an ordinary stated compensation amount, which the personal representative generally can renounce before qualifying if there's no separate contract with the decedent.
5. Serving as both personal representative and attorney
Official comment to § 3-719: the section "has no bearing on the question of whether a personal representative who also serves as attorney for the estate may receive compensation in both capacities" — that question is governed separately, not resolved by this compensation statute itself.
6. A distinct, unpaid role: the "voluntary personal representative"
§ 3-1201: a voluntary personal representative — a simplified role available for smaller estates — must discharge the necessary expenses of the funeral, last sickness, and administration, then pay the debts of the deceased, "without fee for his services." This is a genuinely distinct, unpaid category, separate from the standard personal representative role under § 3-719.
| Component | Massachusetts figure | Source |
| Statutory formula | None — "reasonable compensation" only | M.G.L. c.190B § 3-719 |
| Case-law test | McMahon v. Krapf, 7 factors | 323 Mass. 118, 123 (1948) |
| Voluntary personal representative | No fee for services | M.G.L. c.190B § 3-1201 |