If I am the personal representative of my mother’s estate, may I be financially compensated at any time, even if it’s insolvent?

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If I am the personal representative of my mother’s estate, may I be financially compensated at any time, even if it’s insolvent?

I have spent hundreds in lost wages and other expenses directly related to this. I am only looking for a small fraction of that money back. I just want to know if there is a legal way it may be done prior to the conclusion of the estate business, or must I wait until all creditors have made their claims and whatnot? There is no Will.

Asked on December 14, 2011 under Estate Planning, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the Probate Code of each state, the compensation of the adminstratrix (no Will of the decedent) or executrix (Will of the decedent) is determined by code based upon a percentage of the estate to be paid the estate just as though the estate pays the various creditors.

Payment of the estate's representative's fees comes per court order at the very end of the process upon the filing of the final order of distribution. In same cases if there is not enough assets of the estate, its representative may get no payment for the efforts made. You must wait until all creditors have made their claims and for the final order of distribution to get whatever compensation may be coming to you for your services.


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 AttorneyPages.com 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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