Can Executors Charge For Their Time Like Probate Attorneys?

Can an Executor charge for their timeA personal representative—sometimes called an administrator, an executor, or an executrix when a woman serves in this capacity—is typically entitled to be paid for her services. The personal representative is the individual who is charged with guiding an estate through the probate process, and it can sometimes be a complicated and time-consuming job.

How much they receive and when they’ll be paid can depend on several factors.

Executors are entitled to be reimbursed for any out of pocket expenses they have incurred in connection with the Estate during the Probate process. Even though Executors are usually responsible for a substantial amount of work during the administering of the Estate, they are not entitled to be paid for it unless it allows for it in the Will.

Professionals such a Probate Lawyer, banks, and accountants do charge fees for their work if they are appointed as Executors.

 

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You will often find that solicitors have been appointed to act as Executors of a Will, especially if there are very few surviving relatives of the deceased available to be selected.

In some states, fees paid to the personal representative—both ordinary and extraordinary—can be paid at any time during the administration without a court order. However, even in these states, the beneficiaries can request a decrease in the fees already paid if the probate judge determines that the charges were not reasonable for the services rendered.

In other states, the executor’s fee can only be paid after a court hearing and with a judge’s approval. The requirement for a trial might be waived, however, if all the beneficiaries are informed of the fees to be paid and they sign consents to authorize payment without a judge’s order.