Are Executors Paid?
- An executor, sometimes called a personal representative, is an individual appointed by someone in a will to manage the financial affairs of his estate after he dies. When an executor is not named or in situations in which an executor's appointment is contested, the court may appoint someone to this role. Often an executor is a surviving family member such as an older child of the deceased. However, in some cases, an executor is a family friend or a legal professional. A named executor in a will can decline the responsibility and the court will appoint a replacement.
- An executor's duties vary depending on the financial situation of the deceased. Someone with a relatively small amount of property and other assets makes for a smaller role for the executor. The executor generally finalizes any outstanding financial matters and eventually distributes the assets of the estate as laid out by the deceased in his will. Some executors hire lawyers to assist in the legal aspects of executing the will.
- Executing a will is not necessarily intended to be a professional service. Most often, especially when family or close friends are involved, the executor fulfills her responsibilities as a service to honor the deceased. NOLO points out that even though entitled to a fee, many family and close friends refuse a fee for executing a will, especially when they are already receiving a sizable amount from the will.
- State law directs what an executor usually receives as a fee. An executor can request a higher fee through probate court if he performs duties that require significant time and hardship and that go above common duties of an executor. Family or others close to the deceased may ask a probate court to limit the fee if they do not believe the executor has performed adequately.