How much is a reasonable rate charge for administration (executor) duties
Zebulon, GA
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Posted about 1 month ago in Probate
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I want to establish a reasonable rate for my executive duties. The lawyer suggested a percentage, but it seemed very high.
Answers (2)Robert W. Hughes Jr.
This attorney is licensed in Georgia.
Posted about 1 month ago.
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Georgia law sets the fee at 5% of the value of the assets. The formula is more complicated than that, but if you stay under that amount, you will be fine.
Loraine M. DiSalvo
This attorney is licensed in Georgia.
Posted about 1 month ago.
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This answer is not intended to provide you with specific legal advice regarding your situation, or to create an attorney-client relationship.
Georgia law does set a default way to determine compensation for an Executor or Administrator (the "Personal Representative" - which I will abbreviate as "PR"). That default does use percentages (2.5% of money received by the PR, 2.5% of money paid out by the PR, plus up to 3% of the value of any assets which are not "money," as the probate court may approve after petition by the PR. There is no provision in the statute for 3% of any value unless the court specifically approves it, the percentages on money are not so limited. However, if there is a Will, the Will may contain a provision regarding how the PR is to be compensated. If the Will contains such a provision, in Georgia, the Will will override the state statute. In addition, a PR and the beneficiaries under the Will or heirs of the estate (if no Will) can agree on a method of compensation, and that agreement can override the statute. You should likely consult further with your lawyer to determine what would be the best way to handle the situation, and to ensure that whatever compensation method is eventually used is correctly applied. |