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Does the Executor of an Estate Get Paid?

The executor of an estate is responsible for settling the estate of the deceased. The executor acts on behalf of the estate and is solely liable for any debts or obligations that are not paid by the estate. An executor fee is charged for carrying out this important task.

A key question for someone who has been appointed as an executor of a Will after the Will has been probated is, “What can I charge for acting as Executor?” The executor of an estate must deal with a lot of issues: inventorying the assets, paying all the debts and taxes, and expenses – not to mention potential liability if these things are done incorrectly. An executor takes months, sometimes years, to administer an estate.

Executor Compensation of Estate Fees

Under the Texas Estates Code, a five (5%) percent commission is standard on all amounts received or paid in cash by an executor or administrator of an estate (the Texas two-step on executor compensation). Texas law does not permit an executor or administrator to receive a fee for handling the assets of someone who has passed away. Specifically, cash on hand including checking accounts and savings accounts are entirely off-limits, as well as uncashed checks, life insurance policies (unless difficult to obtain), and cash bequests. If the work is particularly challenging, the executor might be able to receive more than 5% commission.

Executor Payment

A standard commission rate is usually set forth in a will, but there are some situations where it is not provided. In those cases, the executor may want to reach an agreement with the beneficiaries as to what is reasonable. For example, if the estate contains only personal property and no real estate, or if the probate estate consists only of stocks and bonds that can be transferred electronically (and don’t require physical delivery), then a standard commission probably would not apply. One recourse that an independent executor has if the beneficiaries have refused to agree on a commission is to ask the court to affirm or modify the compensation of that executor. If the court approves, it will issue an order.

Executor of Will Expenses

A Texas executor can charge up to 5% of the estate’s total financial transactions (all amounts the executor actually receives or pays out in cash in the administration of the estate), according to Texas Estates Code. For example, if the value of all estate assets was $200,000, and the executor actually paid out or received $18,000 in cash (all within 120 days of appointment), the maximum fee that could be charged would be $900 ($18K x 5%).

Do you need a lawyer to probate a will in Texas? How much do probate attorneys cost in Houston?

Hire an Experienced Probate Attorney in Houston. Do you need help with a probate matter in the Houston-metro area or the surrounding Texas communities? We are experienced probate lawyers who represent clients with sensitive probate matters. If so, please give us a call us at (281) 219-9090 or use the contact form on our homepage to see how we can help.

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Related Questions

How much can an executor pay themselves in Texas?

In Texas, an executor is allowed to pay themselves at a rate of 5% of the value of the estate.

What is a reasonable executor fee in Texas?

A reasonable executor fee in Texas is typically 5% of the probate estate’s value.

Can executor charge for their time Texas?

In Texas, an executor can charge for their time. An executor is someone who is in charge of settling the estate of a deceased person and distributing the property to the heirs of the deceased person.

What is the normal fee for an executor of a will?

The executor is the person responsible for handling the estate according to the will of the deceased. It is the executor’s job to see that the estate is settled in a timely manner and that the will is carried out. The executor is entitled to a fee for his or her services. Usually, in the United States, executors earn a flat fee of 5-10% of the value of probate assets.

How much does an executor get paid?

The executor of an estate is responsible for collecting, managing and distributing the deceased’s property according to their will. The value of the assets that an executor will be paid depends on how much property is in the estate.

Executor Hourly Rate / Compensation Calculator

The Texas State Law Library has compiled an executor hourly rate calculator. In order to use the calculator, you must identify which county the will is being probated in and enter the terms of the will. You can use this executor hourly rate calculator to determine how much an executor can make in Texas.

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