Both executors and administrators are entitled to collect commissions for serving as the personal representative of the estate. The commissions are set forth by statute and are based upon the size of the probate assets in the estate as follows:

5% of the first $100,000 in assets;
4% of the amount between $100,000 and $200,000;
3% of the amount between $200,000 and $700,000;
2 ½% of the amount between $700,000 and $4 million;
2% for amounts above $5 million.

It is important to note that all personal representatives must include in their gross income all commissions paid to them from an estate.

Those commissions, however, can be claimed as a deduction on either the Estate tax return for the Estate, or on the fiduciary income tax return for the Estate.