As a personal representative, how much am I allowed to get paid for my time?

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As a personal representative, how much am I allowed to get paid for my time?

I’m the executor of my fathers Will, how much am I entitled to get paid for my time? He lived in AZ; I’m in MI. I’ve had to go to court 3 times as step-siblings are contesting. I do not know if that makes a difference or not.

Asked on October 7, 2010 under Estate Planning, Arizona


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

In AZ, a personal representative is entitled to compensation (A.R.S.§14-3719). However, AZ statutes do not designate percentage fees for your work or say how much a Personal Representative should be paid. You must keep receipts to prove out-of-pocket expenses. In determining whether a fee is reasonable, the following factors will be considered:

a. The time required (as supported by detailed time records), the novelty and difficulty of the issues involved, and the skill required to do the service properly;

b. The likelihood that your acceptance as Personal Representative will preclude other employment;

c. The fee normally charged in the area for similar services;

d. The nature and value of estate assets, the income earned by the estate, and the responsibilities and potential liability assumed by you as Personal Representative;

e. The results obtained for the estate;

f. The time limitations imposed by the circumstances;

g. The experience, reputation, diligence and ability of the person performing the services.

h. The reasonableness of the time spent and service performed under the circumstances; and,

i.  Any other relevant factors. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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