How the New Hampshire executor fee actually works
No statute anywhere in New Hampshire law addresses this — the entire standard comes from a rule of court.
1. Governed by court rule, not by any statute
NH Circuit Court, Probate Division, Rule 88: "Fees and expenses of Fiduciaries and Attorneys shall be subject to the approval of the Court. In all cases, fees and expenses shall be reasonable for the work, responsibility, and risk." New Hampshire has no statute on point for executor compensation at all — a genuine difference in legal source, not just wording, from states where a legislature has written even a bare "reasonable compensation" statute.
2. Three named factors, from the rule itself
Rule 88: reasonableness turns on the work performed, the responsibility assumed, and the risk involved — three named factors baked directly into the rule's own text, rather than left to case law to supply.
3. Executor compensation comes first in the payment order
RSA § 554:19: "The administrator of an estate shall make payment of the claims in the following order: (a) Costs and expenses of administration of the estate. (b) Reasonable and necessary funeral, burial, and cremation expenses." Administration costs and expenses — which include executor compensation — are paid before even funeral expenses, a real and specific priority ranking.
4. Attorney fees run on the identical standard
Rule 88: the same reasonableness standard governs both fiduciary and attorney fees, though they're calculated and approved separately — there's no combined or duplicated schedule between the two roles.
5. The court approves, not the executor alone
Rule 88: fees are "subject to the approval of the court" — the Circuit Court, Probate Division reviews and approves compensation directly, rather than leaving it to the executor's own determination subject only to later challenge.
| Component | New Hampshire figure |
| Statutory formula | None — no statute exists on this at all |
| Governing source | NH Probate Div. Rule 88 (court rule) |
| Named factors | Work, responsibility, risk |
| Commonly cited informal range | ~2% – 4% of estate value |