How much can an executor charge in fees in Ontario?

Ontario law does not set a fixed percentage for what an executor, called an estate trustee, can charge. The Trustee Act entitles an estate trustee to a fair and reasonable allowance for the care, pains, trouble and time spent on the estate, as allowed by a judge of the Superior Court of Justice. The amount can be settled even if the estate is not before the court in an action.

A percentage rule of thumb is sometimes mentioned, but it comes from court decisions rather than the statute, so confirm any figure with a lawyer before relying on it. For comparison only, the Public Guardian and Trustee charges 3% per transaction and 0.60% of the annual value of the assets managed for estate administration.

Two exceptions matter. If the will fixes the allowance, section 61 does not apply. If a lawyer is the trustee and provides necessary professional services, the allowance may be increased to reflect them. Taking pay early can be risky: if the court later approves a lower amount, the difference can be ordered repaid to the estate.