No. That is generally determined by state law in the probate code.
This is a general answer. It is rather a guideline or example of how you can determine fees for an executor. An executor is entitled to compensation. the beneficiaries are entitled to review and approve or disapprove of the level of compensation. If the beneficiaries do not agree with the level of compensation, a court must set it. The amount of the executor's compensation may be adjusted up or down based upon a number of factors. these factors include: a. The total value of the estate; b. the complexity of the estate; c. The time spent by the executor in the discharge of their duties; d. the skill displayed by the executor in the administration of the estate; e. The degree of care exercised by the executor; f. The results of the administration and any investments made by the executor. There used to be a rule, which prohibited an executor from "pre-taking" compensation before it had been approved the the beneficiaries or fixed, by the court. This rule has been modified by recent court decisions. As a result, an executor is entitled to "pre-take" compensation beforfe it has been approved by the beneficiaries or by the court. It is generally prudent to obtain beneficiary or court approval before taking the compensation. In the event that compensation is pre-taken, if it is ultimately determined by a court to have been excessive, the executor will be required to pay the excessive amount together with interest. The preparation of accounts, income tax returns, management of investments, and other estate administration are the duty of the trustee. In appropriate cases, these functions can be delegated to qualified expers (accountants, lawyers, property managers, etc.) and the cost of such experts will be paid in addition to the executor's compensation.
An executor is entitled to compensation. the beneficiaries are entitled to review and approve or disapprove of the level of compensation. If the beneficiaries do not agree with the level of compensation, a court must set it. The amount of the executor's compensation may be adjusted up or down based upon a number of factors. these factors include: a. The total value of the estate; b. the complexity of the estate; c. The time spent by the executor in the discharge of their duties; d. the skill displayed by the executor in the administration of the estate; e. The degree of care exercised by the executor; f. The results of the administration and any investments made by the executor. There used to be a rule, which prohibited an executor from "pre-taking" compensation before it had been approved the the beneficiaries or fixed, by the court. This rule has been modified by recent court decisions. As a result, an executor is entitled to "pre-take" compensation beforfe it has been approved by the beneficiaries or by the court. It is generally prudent to obtain beneficiary or court approval before taking the compensation. In the event that compensation is pre-taken, if it is ultimately determined by a court to have been excessive, the executor will be required to pay the excessive amount together with interest. The preparation of accounts, income tax returns, management of investments, and other estate administration are the duty of the trustee. In appropriate cases, these functions can be delegated to qualified expers (accountants, lawyers, property managers, etc.) and the cost of such experts will be paid in addition to the executor's compensation.
There's no automatic entitlement for the executor to receive any kind of payment. However the will itself might specify some form of compensation for them.United StatesExecutor's fees are set by statute in each jurisdiction.
The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.The executor's compensation is set by law. The office of executor is separate from being a beneficiary. Compensation for an executor is not affected by also being a beneficiary.
The executor IS the owner of the property, for the purpose of probate.
The executor should operate in the estate's best interests.
Can an executor of will change beneficiaries before or after death
Unless specified otherwise in the will, an executor is entitled to compensation for their work. Anything they inherit is a separate accounting.
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.
Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.
No, the beneficiaries receive the estate. An executor could be a beneficiary
The beneficiaries can request a specific executor. Or the court will appoint a neutral party.