Executor Compensation and Fees (GU)

If the will does not specify how executor compensation should be calculated, GU estates must follow state compensation rules (see GU calculator below).

In Guam, the estate executor is known as a "personal representative".

If compensation details are not addressed by the will (or relief from those terms is granted by the court), then Guam law determines compensation based on the gross value of the estate, without considering any debts or obligations, but including any asset valuation realized due to actual asset sales, as well as any other estate receipts such as income generated by the estate during the probate process:

  • 8.0% on the first $5K
  • 5.0% on the next $10K
  • 4.0% on the next $15K
  • 3.0% on the next $20K
  • 2.0% on the next $100K
  • 1.5% on the next $350K
  • 1.0% on anything more

So, for example, a Guam estate worth $4,000 would yield $320 in executor fees, and one worth $750,000 would generate $11,850 in executor fees.

Assets that pass directly to named beneficiaries, such as life insurance policies or 401Ks, are not included in these calculations.

In Guam, even if a will specifies the compensation for the executor, the executor may renounce the relevant provision, and be entitled to standard compensation.

The court can also allow additional compensation for "extraordinary" services if there is no other unrenounced compensation specified in the will. Extraordinary services may include, but are not limited to, sale or mortgage of real property, running a business pursuant to an order of the Superior Court, the adjustment and payment of extensive or complicated estate or inheritance taxes, litigation in regard to estate property.

See Chapter 28 of the Guam Code.

GU Compensation Calculator

EstateExec provides the following executor compensation estimator for GU estates, but please keep in mind that circumstances may vary, and that there may be special situations addressed by local custom or law. By using this estimator, you acknowledge that EstateExec provides any results as informational input only, not as legal advice, and cannot be held responsible for any inaccuracies for, or misunderstandings about, any given estate.

You can use this calculator now, but if you use EstateExec to help you track the settlement process, it will automatically perform the sometimes complex calculations to provide inputs for the fields below (you can create an estate for free).

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See also Compensation for general remarks on executor compensation.

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