Is my brother entitled to compensation as executor of my mother’s will if the will did not go to probate?

Her property was mostly CD’s and IRA’s. I received the bulk of my inheritance in the form of a bank transfer. There is one account left to disperse. State law allows for 5% compensation for executor up to $100,000, 4% for all above $100,000 and not exceeding $400,000.

Asked on January 24, 2013 under Estate Planning, Washington

Answers:

Victor Waid / Law Office of Victor Waid

Answered 7 years ago | Contributor

If the will did not go to probate and petition to administer the estate was not filed, then your brother is not entitled to any executor fee. However, the account that does not seem to pass you directly outside of the estate, may be subject to a petition to administer the estate, as to that one asset. Obtain yourself legal assistance to guide you through resolution of this matter.


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