Executor commission
Updated 20 August 2026 · 6 minute read
Executors aren't paid by default — the role is historically gratuitous. But every state lets an executor claim commission for their "pains and trouble", either with the beneficiaries' unanimous consent or by court order. Here's how the numbers actually run.
The typical ranges
- NSW — commonly 0.25%–2.5% of capital realised, 1%–5% of income collected, and 0.25%–1.25% of assets transferred in specie
- QLD — commonly 1.5%–3% of capital (up to ~5% for genuinely complex estates), 1%–5% of income
- VIC, TAS, NT — statutory ceiling of 5%, with courts rarely allowing more than about 3.5%
- ACT — treated as exceptional; expect conservative awards
Courts award what is just and reasonable for the work actually done — a $2 million estate that was one house and two accounts earns less commission than a messy $600,000 estate with a business attached.
The two approval routes
Unanimous beneficiary consent
Every adult, capable beneficiary agrees in writing, informed of the amount and their right to refuse. Fast and free — the standard route in harmonious families.
Court application
Where consent is refused or beneficiaries include minors. The executor files accounts and evidence of the work; the court fixes the figure. Costs mean this only makes sense for meaningful amounts.
Wills often give professional executors (trustee companies, solicitors) an express charging clause — that clause, not commission, governs. Reading the will's remuneration clause is step one.
Commission taken without consent or order is misappropriation, however deserved it feels. Raise it early, document the work as you go — a simple time log transforms both routes.
Weighing up commission — or querying one?
A fixed-fee consult prices the claim and the politics before anyone falls out.
Get fixed-fee probate quotesIs executor commission taxable?
Yes — it's assessable income to the executor, unlike an inheritance. Factor that into whether claiming is worth it.
Can the executor claim expenses too?
Always — out-of-pocket expenses (travel, certificates, filing fees) are reimbursable on top, without anyone's consent needed.
I'm a beneficiary AND the executor — can I claim?
Yes, but courts weigh the inheritance you already receive; where the will leaves the executor a legacy 'for their trouble', that usually replaces commission.
Sources
- Hall & Wilcox — how to obtain executor commission (state ranges)
- State trustee acts — commission provisions