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1) If there was a Will and it states how much the Executor should be paid, then the Will controls.
2) If there is no Will or it does not state specifically how much an Executor is to be paid, Texas courts goo off Tex. Estate Code Chapter 352, which states in part:
Sec. 352.002. STANDARD COMPENSATION. (a) An executor, administrator, or temporary administrator a court finds to have taken care of and managed an estate in compliance with the standards of this title is entitled to receive a five percent commission on all amounts that the executor or administrator actually receives or pays out in cash in the administration of the estate. (b) The commission described by Subsection (a): (1) may not exceed, in the aggregate, more than five percent of the gross fair market value of the estate subject to administration; and (2) is not allowed for: (A) receiving funds belonging to the testator or intestate that were, at the time of the testator's or intestate's death, either on hand or held for the testator or intestate in a financial institution or a brokerage firm, including cash or a cash equivalent held in a checking account, savings account, certificate of deposit, or money market account; (B) collecting the proceeds of a life insurance policy; or (C) paying out cash to an heir or legatee in that person's capacity as an heir or legatee.
Sec. 352.003. ALTERNATE COMPENSATION. (a) The court may allow an executor, administrator, or temporary administrator reasonable compensation for the executor's or administrator's services, including unusual efforts to collect funds or life insurance, if: (1) the executor or administrator manages a farm, ranch, factory, or other business of the estate; or (2) the compensation calculated under Section 352.002 is unreasonably low. (b) The county court has jurisdiction to receive, consider, and act on applications from independent executors for purposes of this section.
As you can see, it is a subjective matter, and is based on the above subjective factors. The Executor prepares the bill, and either the beneficiaries or the Court (if the probate is dependent/supervised by the court) can object to the fee and have a hearing to possibly have it lowered.
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