How the North Dakota executor fee actually works
No percentage, no schedule, and no factor list — the sparsest compensation statute in this cluster.
1. Reasonable compensation, three sentences, nothing more
N.D.C.C. § 30.1-18-19: "A personal representative is entitled to reasonable compensation for the personal representative's services." That's the entire operative sentence — North Dakota carried over the Uniform Probate Code's original Section 3-719 formulation essentially unamended, without adding the multi-factor lists many other UPC states layered on top over the years (compare South Dakota's seven factors, or Delaware's eleven under its court rule).
2. Renouncing a will's compensation term
§ 30.1-18-19, continued: "If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to reasonable compensation. A personal representative also may renounce the personal representative's right to all or any part of the compensation. A written renunciation of fee may be filed with the court."
3. Court review, triggered three ways
§ 30.1-18-21: the reasonableness of a personal representative's own compensation — and of any attorney, auditor, or other agent the personal representative employed — may be reviewed by the court after notice to all interested persons, on petition of an interested person, or on appropriate motion if administration is supervised. Anyone found to have received excessive compensation from the estate may be ordered to make appropriate refunds.
4. A disclosure rule tied to percentage-based attorney fees
§ 30.1-18-21, continued: "If the amount of attorney's fees is based upon the value of the decedent's estate, the fee agreement must be in writing and mailed to all parties who are heirs of the estate pursuant to the last will and testament of the decedent. If the decedent died intestate, notice must be provided to all heirs of the estate." This transparency requirement is specific to percentage-based attorney billing, not the personal representative's own compensation — but it shapes how any percentage figure would need to be documented if used.
5. Litigation expenses are handled separately
§ 30.1-18-20: a personal representative (or person nominated as one) who defends or prosecutes a proceeding in good faith — whether successful or not — is entitled to necessary expenses and disbursements from the estate, including reasonable attorney's fees, distinct from ordinary compensation for services.
| Component | North Dakota figure |
|---|---|
| Statutory formula | None — N.D.C.C. § 30.1-18-19, reasonable compensation |
| Factors listed in statute | None |
| Court review trigger | Notice, petition, or motion (§ 30.1-18-21) |
| Percentage-fee attorney disclosure | Written agreement, mailed to heirs |