Mississippi Executor Fee: How Much Is It?

Q: Why did the Mississippi Court of Appeals refuse to bring back the old 1%-7% range?

The court reasoned that reinstating a fixed range through case law would circumvent the Legislature's clear intent in removing it by the 1989 amendment, so it declined to create an informal judicial guideline.

Q: Does the 0.4% Byrd outcome mean Mississippi executors typically receive very low fees?

Not necessarily - it's one documented outlier that shows how far below informal norms an award can fall, not evidence that most Mississippi executors receive fees anywhere near that low.

Q: Does the chancellor have to explain the reasoning behind a specific fee award in Mississippi?

The statute directs the court to weigh the estate's value and worth and the difficulty of duties discharged, but the level of detail in any written explanation depends on the specific case and any objections raised.

Q: Can an executor request a specific percentage and have the chancellor simply approve it in Mississippi?

The court retains independent discretion regardless of what's requested, since section 91-7-299 directs the chancellor to determine what sum is proper rather than simply ratifying a proposed figure.

Q: Does the loss-and-gain rule under section 91-7-299 affect the compensation calculation itself?

It's a separate fairness principle about the executor's liability for estate losses and gains, not a direct input into how the compensation amount itself is calculated.

Quick answer: Miss. Code § 91-7-299 sets no statutory percentage. The chancery court allows "such sum as the court deems proper" considering only the value and worth of the estate and the degree of difficulty of the duties discharged. Practitioners commonly cite a rough range of about 2% to 4%, but the discretion is genuinely wide — a real Mississippi Court of Appeals case upheld a fee of just 0.4% of the estate. Get an illustrative estimate with the Mississippi executor fee calculator.

Reasonable compensation, two factors only

Miss. Code § 91-7-299: "The court shall allow to an executor or administrator, as compensation for his trouble, either in partial or final settlements, such sum as the court deems proper considering the value and worth of the estate and considering the extent or degree of difficulty of the duties discharged by the executor or administrator." No percentage, no dollar table — just two factors for the chancellor to weigh.

A real, deliberate reversal in 1989

Pre-1989 § 91-7-299: the statute previously guaranteed a fiduciary "not less than one nor more than seven per centum on the amount of the estate administered." That fixed range was removed by a 1989 amendment. When an appellant later asked the Mississippi Court of Appeals to bring back 1%-7% as an informal "judicial guideline," the court refused — doing so, it held, "would in effect be circumventing the obvious intent of the Mississippi Legislature." The court confirmed the statute, as written, "leaves that decision to the unbridled discretion of the chancellor."

How far that discretion actually stretches

Mississippi Court of Appeals (Byrd, 1997): the chancellor awarded an executor's fee of just 0.4% of the total estate value, and the appellate court affirmed it as within the chancellor's discretion. This is a real, documented outcome — a useful reminder that any informal percentage range floating around online is exactly that: informal, not a floor the court is bound to.

Dual-role compensation, properly itemized

Mississippi Court of Appeals precedent: a fiduciary who is also an attorney can seek compensation for fiduciary services under § 91-7-299, and separately for genuinely attorney-capacity services under § 91-7-281, "where his right to compensation would not necessarily be commensurate with prevailing legal fees" — as long as the two categories are itemized separately, which the court found guards against duplicate payment for the same work.

Losses covered, gains not kept

§ 91-7-299: the court allows the executor for estate property "lost, or has perished or decreased in value, without his fault," but "profit shall not be allowed him in consequence of increase" — a fairness principle that shields the executor from bad luck but doesn't let them profit from good luck either.

A sense of typical figures

Practitioners commonly cite a rough working range of about 2% to 4% of estate value as what many Mississippi chancery courts tend to allow, though this is informal practice, not law — and the documented 0.4% Byrd outcome shows real awards can land well below even that range.

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Mississippi executor fee — frequently asked questions

Why did the Mississippi Court of Appeals refuse to bring back the old 1%-7% range?

Reinstating a fixed range through case law would circumvent the Legislature's clear intent in removing it by the 1989 amendment.

Does the 0.4% Byrd outcome mean Mississippi executors typically receive very low fees?

Not necessarily — it's one documented outlier, not evidence that most executors receive fees that low.

Does the chancellor have to explain the reasoning behind a specific fee award in Mississippi?

The statute directs weighing the estate's value and difficulty of duties, but the level of written detail depends on the case.

Can an executor request a specific percentage and have the chancellor simply approve it in Mississippi?

No — the court retains independent discretion regardless of what's requested.

Does the loss-and-gain rule under section 91-7-299 affect the compensation calculation itself?

It's a separate fairness principle about liability for losses and gains, not a direct input into the compensation amount.

Estimate for general guidance only, not legal advice. Based on Miss. Code § 91-7-299, § 91-7-281, and Mississippi Court of Appeals precedent. Mississippi sets no statutory percentage; the informal range described here is not binding. Verify with the chancery court or a licensed Mississippi attorney.