The executor's fee is based on the value of the estate. Money owed is not a part of the estate, it is a claim against the estate.
The executor has no control over how the estate is divided. Each state has laws on how the property is divided when there is no will.
Preserve, inventory and value the estate is the first priority. Then execute the will or the intestacy laws with a full reporting to the probate court.
The executor is entitled to be paid for their work. The court has to approve the distribution and the fee they charged, which is often set by law. If the estate has been closed, you can sue the executor if they breached their fiduciary duty.
Once they have the letter of authority, they have full control of the estate. They are responsible to the court for the inventory and dispersion of assets.
The executor can certainly protect the estate from unauthorized access. Changing the locks is one way of insuring that family members don't spirit out things, cause ill feelings and make it difficult.
You can resign from the position upon providing a full accounting of your actions in regards to the estate.
The executor is not personally responsible for the debts. If the estate is not sufficient, the debtors will not get paid in full.
Yes, the proceeds of the sale must be used to resolve the claims against the estate, including the cost of the executor.
The executor has no power over the beneficiaries. The executor is responsible to the probate court for the administration of the estate. They must make a full accounting to the court.
You have to file with the court that appointed you. And provide a full accounting of the estate to that point.
According to the Kentucky Revised Statutes (KRS) 395.150 "The compensation of an executor, administrator or curator, for services as such, shall not exceed five percent (5%) of the value of the personal estate of the decedent, plus five percent (5%) of the income collected by the executor, administrator or curator for the estate." You can view the full text of KRS 395.150 at http://www.lrc.ky.gov/krs/395-00/150.PDF
Either renounce or administer the estate or pay a professional to deal with the matter and the fees would be met from the estate. It is up to the executor to decide. If the exector decides to administer the estate, he or she can be paid a fee (amount varies by state and county). The executor is not a beneficiary and the beneficiary is not the executor. The beneficiaries really have no say as to what the executor should do (i.e., adminster estate, hire attorney to represent estate, or renounce). The executor has a sworn duty to administer the estate in accordance with the deceased's will and the laws of the state and county of probate.