Executor fees in Washington State

Washington handles executor pay differently from states with a fixed formula. There is no percentage, no table and no cap. Instead, the law asks a simple question: is the pay reasonable for the work done?

This page explains how that standard works in practice, from what the will says to how the heirs see and approve the fee. Washington calls an executor a "personal representative," and we use both terms here. For the executor's job as a whole, see our guide to the executor of an estate.

What does Washington law say about executor fees?

The rule is in one statute, RCW 11.48.210. It sets out these points:

1. The will comes first. If the will sets the personal representative's pay, that is their full compensation.
2. Renouncing it. The only way to set aside the will's amount is a written renunciation filed with the court before qualifying.
3. Otherwise, "just and reasonable." If the will is silent, or there is no will, the court allows what it considers just and reasonable.
4. Extra work, extra pay. A personal representative who does the estate's legal work as a lawyer, or services beyond the job, may receive more for that.
5. Failure costs pay. If the court finds the personal representative failed in their duties, it can deny pay or reduce it.

The statute also covers the estate's lawyer. A lawyer hired by the personal representative is paid from the estate in an amount the court considers reasonable (RCW 11.48.210).

Is there a percentage for executor fees in Washington?

No. Some states set executor pay by a sliding percentage of the estate; California is one example (California Probate Code section 10800). Washington's statute contains no such schedule.

You may see percentages quoted online for Washington. They don't come from Washington law. Our post on how much an executor gets paid compares the approaches across states.

How does the court decide what is reasonable?

Often it never has to. The court must grant nonintervention powers to an executor named in the will if the estate is solvent, unless the will says otherwise (RCW 11.68.011). With those powers, the personal representative sets the fee and the heirs check it.

When a court does review fees, the statute points it to professional responsibility standards, the factors for lawyers' fees where they apply, and anything else relevant (RCW 11.68.100). In plain terms, the question is the work involved: its size, its difficulty and the time it took.

How heirs see and approve the fee

Washington builds disclosure into the closing. There are two ways to close, and both put the fee on paper.

Closing by declaration of completion

A personal representative with nonintervention powers usually files a declaration of completion. It must list the amount paid or to be paid to each personal representative, lawyer, appraiser and accountant. It must also say the personal representative believes the fees are reasonable (RCW 11.68.110).

A copy goes to each party who hasn't received their full share. Any of them can petition the court within 30 days to review the fees. If nobody does, the fees are deemed reasonable and approved, and the personal representative is discharged (RCW 11.68.110).

Closing by court decree

The personal representative can instead ask the court for a final decree. The petition must state the fees paid or proposed for the personal representative, lawyers, accountants and appraisers (RCW 11.68.100).

Any heir whose share would be reduced by those fees gets a copy with the hearing notice. At the hearing, the court decides whether the fees are reasonable if the personal representative or an affected heir asks (RCW 11.68.100).

The process at a glance

Practical advice for a family executor

A personal representative is a fiduciary, meaning legally required to act in the estate's interest and follow what the will says. The fee is paid for that work, so a little care up front avoids hard feelings later. Our executor checklist lays out the work itself.

• Read the will first. If it sets an amount or says you serve without pay, that settles it.
• Keep a log. Note the date, the task and the time, from the first week. A log makes "reasonable" easy to show.
• Tell the family early. Siblings take a fee better when it isn't a surprise in the closing papers.
• Remember the tax. The IRS says personal representatives must include estate fees in their gross income (IRS Publication 559).
• Keep receipts separately. Your fee is one thing; money you spent for the estate is another.

Whether to take the fee at all is a personal choice. Some family executors who are also main heirs decline it, since the fee counts as taxable income.

Professional executors in Washington

A Washington trust company may serve as personal representative (RCW 11.36.010). No bond is required when a bank or trust company serves (RCW 11.28.185). Its fees still go through the same disclosure and review.

Professionals publish their own schedules. Our post on trust company fees compares three of them, and the guide to choosing professional help weighs a professional against family. Kinly members can name Trella Trust Company as executor; if it settles the estate, that work is charged by the hour, with rates shown before anything starts.

For the rest of the picture, see what probate is, how long probate takes and the full list of probate fees.

Common questions

What is the standard executor fee in Washington State?

There isn't one. Washington sets no percentage or schedule. The executor receives what the will sets, or, if the will is silent, what the court considers just and reasonable under RCW 11.48.210.

Do heirs have to approve executor fees in Washington?

Not formally, but they can object. The fee is listed in the declaration of completion, and anyone who hasn't received their full share gets a copy. If nobody petitions the court within 30 days, the fee is deemed reasonable.

Can the court reduce an executor's fee in Washington?

Yes. If the court finds the personal representative failed to perform their duties, it may deny pay or reduce it. A court can also review whether fees are reasonable when an heir asks.

Can an executor in Washington be paid more than the will says?

Not for the executor's job itself. Pay set by the will is the full compensation unless the executor renounces it in writing before qualifying. Extra pay is possible only for legal work as a lawyer or services beyond the executor's role.

Sources

• RCW 11.48.210: Compensation of personal representative and attorney (Washington State Legislature)
• RCW 11.68.011: Nonintervention powers (Washington State Legislature)
• RCW 11.68.100: Closing of estate, fees (Washington State Legislature)
• RCW 11.68.110: Declaration of completion of probate (Washington State Legislature)
• RCW 11.96A.150: Costs and attorneys' fees (Washington State Legislature)
• RCW 11.36.010: Who may serve as personal representative (Washington State Legislature)
• RCW 11.28.185: Bond of personal representative (Washington State Legislature)
• Publication 559: Survivors, executors, and administrators (IRS)
• California Probate Code section 10800: Compensation of personal representative (California Public Law)