Is an executor entitled to a fee?

UPDATED: Aug 16, 2013

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Is an executor entitled to a fee?

If so, is it a flat rate or a percentage of the estate’s value?

Asked on August 16, 2013 under Estate Planning, Rhode Island


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

Answered 9 years ago | Contributor

Someone who serves as executor of an estate is entitled to get paid for performing their duties. They generally earn a fee of about 2% of the probate value of the estate for their work (this varies some from state to state and the size of the estate; the percentage generally decreases as the size of the estate increases).

Further, executors are reimbursed for all legitimate out-of-pocket expenses incurred in the process of management and distribution of the estate. Additional fees may be allowed by the court in certain circumstances.

Note: If the executor mismanages the estate, derelict in performing their duties or engages in some sort of malfeasance, the court may reduce or deny compensation. Additionally. the executor also may be held personally liable for their negligence and/or misconduct.

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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