Missouri Co-Executors: How Is the Fee Split?

Missouri is unusual: it has an actual statutory cap on what multiple personal representatives can collect together — and a specific formula for what that cap is.

RSMo § 473.153(2) FigureMyTax Editorial Team

Quick answer: No, Missouri co-executors don't each collect the full statutory minimum. RSMo § 473.153(2) caps their aggregate compensation at whichever is less: twice the single-representative statutory minimum, or 5% of the fee base — unless real property was taken but not sold, or extraordinary services were performed, in which case the cap doesn't apply at all. Estimate the capped total with the Missouri executor fee calculator, which models this directly.

A real statutory cap, not just a "divide by services" principle

RSMo § 473.153.2: "When there are two or more joint or successor personal representatives they shall be allowed in the aggregate reasonable compensation for their services, not exceeding twice the minimum provided for in the schedule set forth in subsection 1... or five percent of the value of the personal property administered and of the proceeds of the real property sold under order of the probate division, whichever is less, except that this maximum limitation shall not apply if possession has been taken of real property pursuant to order of the probate division but such real property has not been sold... or if extraordinary services have been performed." Unlike most states, which simply divide one commission among co-executors without a separate ceiling, Missouri sets a genuine statutory cap with its own formula.

Why "the lesser of" matters

For most estate sizes, 5% of the fee base turns out to be the binding (lower) cap, because the tiered schedule's blended rate is usually well under 2.5% by the time you're looking at a typical estate. But at very large fee bases — verified above roughly $1.35 million — twice the tiered minimum becomes the lower, binding figure instead, because the top tier's 2% rate makes the tiered minimum grow faster relative to a flat 5%. Either way, the calculator applies whichever is actually lower for your numbers, not just one or the other.

The cap disappears in two situations

§ 473.153.2: the cap does not apply if real property was taken into possession under court order but was never sold, or if extraordinary services were performed. In either case, the aggregate compensation for co-executors is simply "reasonable compensation for their services" with no 2×-minimum-or-5% ceiling at all.

Division within the cap

§ 473.153.2: whatever total is allowed is apportioned among the personal representatives "according to the services actually rendered by each, or as they may agree." There's no default even split — a co-executor who did most of the work can be allowed considerably more than one who contributed little, within the capped total.

Worked example

Two siblings serve as co-personal representatives of a Missouri estate with a $400,000 fee base. The single-representative statutory minimum would be $11,550.

ScenarioCap calculationAggregate allowed
Normal case (no exception)Lesser of 2×$11,550=$23,100 or 5%×$400,000=$20,000$20,000
Real property taken but not sold, or extraordinary servicesCap does not apply"Reasonable" — no ceiling

Within the $20,000 aggregate in the normal case, the court (or the co-executors by agreement) still divides it by actual services rendered — not necessarily 50/50.

Facing probate in Missouri?

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

Talk to a Missouri attorney

Missouri co-executors — frequently asked questions

Do Missouri co-executors each get the full statutory minimum?

No. RSMo § 473.153(2) caps their aggregate compensation at the lesser of twice the single-representative statutory minimum or 5% of the fee base — unless real property was taken but not sold, or extraordinary services were performed, in which case the cap does not apply at all.

How is the capped amount divided among Missouri co-executors?

By the court, according to the services actually rendered by each personal representative, or as the co-executors themselves may agree. There is no default even split.

When does the Missouri multi-executor cap not apply?

RSMo § 473.153(2) lifts the cap entirely in two situations: when real property was taken into possession under court order but not sold, or when extraordinary services were performed. In either case, co-executors are not limited to the 2×-minimum-or-5% ceiling.

Which cap formula usually applies to Missouri co-executors: 2x the minimum, or 5% of the base?

For most typical estate sizes, 5% of the fee base is the lower, binding cap, since the tiered schedule's blended rate usually runs well under 2.5%. At very large fee bases, roughly above $1.35 million, twice the tiered minimum becomes the lower figure instead.

Can one Missouri co-executor be paid more than another?

Yes. Within the capped aggregate total, the court or the co-executors themselves divide the amount according to the services actually rendered by each person — there is no requirement for an equal split.

Estimate for general guidance only, not legal advice. Based on RSMo ยง 473.153. The multi-representative cap and its exceptions apply exactly as described in subsection 2; the crossover point between the two cap formulas was verified numerically and is approximate for illustration. Division of the allowed total among co-executors is by services rendered or agreement, not automatically equal. Consult a Missouri probate attorney to resolve a specific dispute over compensation between co-executors.