Updated September 4, 2026. Quick answer: Oklahoma’s 5%/4%/2.5% commission schedule in 58 O.S. §527 belongs to the executor or administrator by name. There is no equivalent percentage statute for the attorney, whose fee is a reasonable, court-approved expense of administration.
58 O.S. section 527: a tiered percentage schedule, but only for the executor or administrator
Oklahoma’s probate code sets a graduated commission on the whole estate accounted for: 5% on the first $1,000, 4% on the next $5,000, and 2.5% above $6,000, with the statute explicitly stating the same commission must be allowed administrators. Reading the entire probate title confirms this is the only percentage fee schedule in Oklahoma probate law, and it never once refers to the estate’s attorney.
Where the attorney’s fee actually comes from in Oklahoma
No Oklahoma statute sets a percentage or formula for the attorney representing an executor or administrator. Attorney fees are paid as part of the estate’s ordinary administration expenses, subject to court approval for reasonableness; the only Oklahoma statutes that mention attorney fees by name in a probate context are narrow, such as a fee-shifting rule for actions to collect estate tax from nonprobate beneficiaries, or a provision for a court-appointed attorney representing unrepresented heirs.
The extraordinary services allowance has its own ceiling
Section 527(A) lets a judge grant a further allowance for extraordinary service, but caps that add-on so the total never exceeds the commission otherwise allowed under the same section. Even when an executor’s attorney does substantial litigation work billed through the executor’s own extraordinary-service claim, Oklahoma law forces the excess back into ordinary reasonable-fee review rather than letting it ride on the commission schedule.
The rest of the arithmetic: Oklahoma probate cost.
How the fee models compare across all 51 jurisdictions: probate cost by state, and the national picture on what a probate attorney costs.
Statutory text read at each state’s own legislature or official code publisher. General information, not legal advice; fee statutes change and a court retains the final say on what is reasonable.
The attorney fee above is separate from what the court itself charges just to open the case, see the Oklahoma probate filing fee.