If you’re named executor of an estate in New Hampshire, you may wonder: how much can you legally be paid? The state sets clear limits on executor payment not a fixed dollar amount, but a percentage-based cap tied to the estate’s value and type of assets. This matters because overcharging or misapplying fees can delay probate, trigger objections from beneficiaries, or even lead to personal liability.

What does “New Hampshire law on executor payment limits” actually mean?

New Hampshire doesn’t set a flat fee for executors. Instead, RSA 556:13 allows reasonable compensation based on the size and complexity of the estate but caps it at 5% of the first $400,000 of probate assets, and 2.5% of any amount above that. Real estate, business interests, or contested claims may justify extra compensation, but only with court approval. It’s not automatic it’s earned and reviewed.

When do these limits apply and when don’t they?

These limits apply to all estates going through formal probate in New Hampshire, whether the will names a specific fee or is silent on compensation. They also apply if the executor is a professional (like a bank or trust company), unless the will explicitly waives the cap which is rare and must be unambiguous. The limits do not apply to reimbursement for out-of-pocket expenses like filing fees, appraisal costs, or postage those are separate and fully recoverable with receipts.

How do you calculate executor fees under New Hampshire law?

Start by totaling the estate’s probate assets: cash, bank accounts, stocks, real property held solely in the decedent’s name, and personal property. Then apply the tiered rates: 5% of the first $400,000, plus 2.5% of anything above that. For example, an estate worth $650,000 in probate assets would allow up to $20,000 (5% of $400,000) + $6,250 (2.5% of $250,000) = $26,250. That’s the maximum not a guaranteed amount. You still need to justify your time and effort. You can learn more about this step-by-step process in our guide on how to calculate executor fees in New Hampshire.

What’s a common mistake people make with executor pay in New Hampshire?

Assuming the cap is the default fee and taking it without documenting work. Courts expect itemized records: hours spent, tasks completed (e.g., “met with accountant to file final tax return,” “coordinated sale of inherited vehicle”), and why the work was necessary. One executor recently had fees reduced because they submitted only a lump-sum request with no supporting detail even though the amount fell within the statutory limit. Another mistake is forgetting that co-executors must split the total allowable fee unless the will says otherwise. You’ll find more on this in our overview of executor responsibilities and compensation in New Hampshire.

Do you need court approval to receive payment?

Yes unless all adult beneficiaries consent in writing. Even then, the fee must still fall within the legal limits and reflect actual work done. If anyone objects, or if the estate includes minors or unknown heirs, the court will review the request carefully. That’s why many executors file a formal petition for compensation as part of the estate’s final accounting. You can see how this fits into the broader process in our page on New Hampshire executor compensation rules for estates.

What happens if you get paid too much or too little?

If you accept more than allowed, beneficiaries can ask the court to order repayment sometimes from your own pocket. If you take too little (or waive fees entirely), it usually doesn’t cause legal problems, but it may raise questions later if the estate runs into unexpected liabilities. Also, unpaid executors lose the right to claim fees after the estate closes there’s no retroactive recovery. Understanding your financial obligations as executor helps avoid both overreach and unintended exposure. See more on this in understanding executor financial obligations in New Hampshire.

Next step: Document everything before you ask for payment

Before submitting a fee request:

  • Track your time in writing include dates, tasks, and approximate hours
  • Keep receipts for every expense you plan to reimburse
  • Review the estate inventory and valuation reports to confirm the asset total
  • Discuss proposed fees with beneficiaries early especially if they’re family members
  • File your request using Probate Court Form PA-30 (Petition for Compensation) or include it in your Final Accounting

You can find the official form and instructions on the New Hampshire law on executor payment limits page, which links directly to current court resources.