Challenging Executor Fees in Georgia: When Compensation Becomes an Estate Dispute

Reviewing an estate accounting and finding that the executor’s pay is higher than expected can be unsettling. A large fee is not automatically improper, since executors may receive the compensation Georgia law permits. Disputes arise when the calculation, the paperwork, or the authority behind the fee does not hold up.

How Georgia Measures Executor Compensation

Georgia’s compensation statute, Georgia Code Title 53, Chapter 6, Article 7, lets a will or qualifying written agreement set pay, as amended July 1, 2025. Otherwise, executors earn 2.5% of qualifying money received and 2.5% of qualifying money paid out, plus narrower categories, not an automatic 5% of estate value.

In In re Estate of Hubbell, an administrator sold real estate through a closing attorney, then sought commissions based on the gross sale price. The Georgia Court of Appeals affirmed the probate court’s decision to base the commission on money the administrator actually received, since the statute ties commissions to funds the representative receives or pays out.

Extra Fees, Expenses, and Objections

An executor seeking extra pay can petition the court under Georgia Code Title 53, Chapter 6, Article 7. Beneficiaries get notice and generally have 30 days to file written objections before the court decides whether any extra amount is reasonable.

Reimbursement is separate. Another provision in that article allows reasonable administration costs, including legal fees, bond expenses, and travel, though beneficiaries can dispute whether a cost qualifies.

Missing returns can also matter. The article’s compensation section provides for forfeiting commissions on a year’s transactions when a required return was not filed, unless the court grants relief.

Gather Records and Raise Concerns Promptly

Review the will, any fee agreement, and the estate’s financial records, then compare the commission claimed with the transactions the representative handled. Watch objection deadlines. A fee disagreement alone does not prove fraud or justify removal. If someone improperly took funds, Georgia Code Title 53, Chapter 7, Article 5 offers remedies for fiduciary breaches, and a companion section lets a court step in, including by removing the representative or settling accounts. The Williams Litigation Group can examine commission calculations, expense claims, and filings, explain whether an objection makes sense, and represent you in probate court. To move forward, contact us or call 866-214-7036.