Is there a law that states the amount an executor can be paid?

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Is there a law that states the amount an executor can be paid?

My brother-in-law recently gave us the Will after 5 years. He gave himself $24,000 and said it was the fee for being executer. Nothing in the Will specified who was going to be executer. Is this legal? I don’t know if laws are different in different states. We only required the Will because we are selling our lake property which my brother-in-law is against and we had a tough time getting the Will. We are not sure my brother-in-law was being lawful in taking the $24,000 when no one had specified who would be the one to do that.

Asked on May 13, 2012 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, indeed there aer.  There is a statutory fee schedule in California based in part on the value of the decedent's estate. The court has some leeway as to what is "reasonable" under the circumstances.  I will give you the link below as a guideline to start from.  Good luck.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=10001-11000&file=10800-10805   


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