Most executors are entitled to receive payment for their work, either under the terms of the will or under state law. How much is an executor paid? Usually, a will names a flat rate or states that the executor can claim reasonable compensation. If a will does not mention compensation, state law generally gives executors the right to reasonable relief, and can provide a formula for arriving at executor's fees. There is nothing wrong with accepting compensation for managing an inheritance.
You have the right to receive compensation for your work. In some cases, it will be indicated in the will, in others it will be based on the state of residence of the author of the will. The amount paid to an executor does not depend on his or her relationship with the deceased. The amount of work is the same, regardless of whether your executor is a family member, friend, or professional.
Most state laws designate fees for the executor based on the size of the estate. All of this is done under the watchful eye of the Probate Court. In exchange for these services, executors, administrators and personal representatives are entitled to compensation. The specific amount that the executor can receive as executor's fees can vary considerably, depending on the size and value of the estate.
For example, if you sold real estate, you could claim a percentage of the sale price of the property. Under California law, an executor or trustee of the estate can receive compensation for working on the estate. An executor cannot change a will without the permission of its beneficiaries, because the executor is obliged to act in the best interest of the estate and its beneficiaries. To fulfill your obligations as executor of an estate, you must first be granted authority through a testamentary letter.
Executors who go beyond the scope of normal tasks (when performing extraordinary tasks, such as handling business interests or litigation) also often have the right to be paid more. The executor has the right to be reimbursed for the administrative expenses of the inheritance that he can pay out of his own pocket. The value of the estate is determined by the inventory carried out by the executor as part of his responsibilities. For those of you who don't speak Latin, however few you may be, the body of inheritance is the main body of inheritance.
However, the executor may ask the court for authorization to receive an amount greater than specified in the will and, in such cases, “if the court finds that it is in the interest of the estate and in the best interest of the persons interested in the estate, according to California Probate Code § 10802 (d), the court may authorize the executor to receive a greater amount “than the amount provided in the will. If you have more specific questions, such as what is an accountant in the value of the estate, you should consult with an estate attorney. If there is no will, or no provision governing executor's fees in a valid will, state law governs how the executor will will be paid. North Carolina law says executor's fees are at the discretion of the clerk of the superior court, but should not exceed five percent (5%).
Even if your state's law doesn't have a table of statutory rates, you may be able to charge a percentage of the value of the estate. Executor's compensation comes in the form of a “commission,” and in New Jersey, a statute sets out the amount of the commission.