A family home is sold. The closing papers are signed, the keys are handed over, and money arrives in the estate account. It is tempting to think the hard part is finished.
But someone still has to account for the money, address the estate's obligations, and determine what can be distributed. The people doing that work may be family members or court-appointed professionals. Either way, settling an estate takes time—and may involve costs a family did not expect.
An August 2026 decision involving a Denton County estate illustrates one of those costs: compensation for the person responsible for administering an estate.
Two homes and two different kinds of work
Stacy Lynn Fuchsman died without a will. Her estate included homes in Carrollton and Plano. A probate court appointed a dependent administrator, David Pyke, to handle the estate. He arranged for the homes to be sold with help from real estate professionals.
The real estate commissions compensated the agents or brokers involved in the sales. Pyke also requested a separate statutory commission for his work administering the estate, including on the qualifying cash proceeds received from the home sales.
The probate court found that Pyke had managed the estate in compliance with the Texas Estates Code, but denied his commission on cash receipts because the estate had already paid real estate commissions. It allowed a commission on qualifying cash disbursements.
The Fort Worth Court of Appeals disagreed. In In re Estate of Fuchsman, it held that, under the circumstances presented, the court-approved real estate commissions paid for services distinct from the administrator's work. They were not, by themselves, a reason to deny the administrator's statutory commission on qualifying proceeds. The appellate court reversed and rendered judgment awarding the requested commission. The court's docket shows that its mandate issued on October 22, 2026.
The decision concerned a dependent administration after a death without a will. It does not mean that every estate will have the same procedure, assets, expenses, or compensation.
What the Texas rule actually counts
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Texas Estates Code Section 352.002 sets out standard compensation for an executor or administrator whom a court finds managed the estate in compliance with the applicable standards. Its five percent formula applies to qualifying amounts actually received or paid out in cash during administration, subject to an overall cap and specific exclusions.
For example, the statute excludes a commission for receiving certain funds already held by the deceased at death, collecting life-insurance proceeds, and paying cash to an heir or beneficiary in that person's capacity as an heir or beneficiary. The overall commission cannot exceed five percent of the gross fair market value of the estate subject to administration.
Those details matter. The rule is not simply five percent of everything a person owned. Section 352.003 also permits a court to allow reasonable alternate compensation in specified circumstances. Section 352.004 allows a court to deny a commission in whole or part in specified circumstances, including a finding of imprudent management. The will's terms and the type of administration also deserve careful review in any particular estate.
A planning conversation worth having now
The Fuchsman case is a reminder that a good estate plan considers the work after death, not just who receives property. When choosing an executor and reviewing your documents, consider these questions:
- Who is willing and able to serve? Ask whether the person has the time, organization, and support to handle records, property, creditors, and communication with beneficiaries.
- Who is the backup? A named executor may be unable or unwilling to act when the time comes.
- How will the work be paid for? Discuss the will's compensation provisions and the expenses that could arise with your attorney. Do not assume family service is free or that a particular statutory calculation will apply unchanged.
- Where are the records? Keep an accessible inventory of accounts, property, advisers, and important documents, and tell the appropriate person how to find it.
- What is the plan for real estate? A sale may require different professional services from the broader job of administering an estate.
These conversations cannot eliminate every difficulty. They can give the person you choose a clearer starting point and help your family understand that administration continues after the documents are signed—or the house is sold.
Learn more about estate planning and probate at WG Law. If you would like to discuss your own plan, contact our North Texas team.
This article provides general legal information, not legal advice, and does not create an attorney-client relationship. Texas law and individual circumstances can affect the result.