Is the fee for executor of an estate based on the person's job?

Asked about 2 years ago - Bethlehem, PA

For a family members estate if someone is named executor do they base the rate they are charging on what they would be doing at their job if they were not doing executor duties? If a doctor is named executor if an estate can he charge a higher hourky rate than some one who is not, just because he is a doctor and would be seeing patients at that rate if not for the executor duties? Sholdnt they have just declined the ppositon of executor and left it to the next named person? Seems like it should be the same hourly rate for anyone since the duties are the same no matter what you do at work.

Attorney answers (3)

  1. Steven M Zelinger

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . The commission for the executor is based on what is reasonable. It is not based on the "day job" of the executor. There are statutes and case law that determine what is reasonable but most attorneys use a sliding scale similar to what Mr. Haber mentions.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  2. Michael S. Haber

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . I am a NY attorney and cannot advise you as to Pennsylvania law, but I can provide certain general information that may be helpful. I believe it is true in all states, as it is here in NY, that an executor gets a percentage of the value of the estate. In NY, we use a sliding scale, which starts at five percent for the first $100,000, works down to four percent for the next $200,000, and then works downward from there. The person's profession or training will not enter into the commission schedule.

    Good luck to you.

    Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are... more
  3. Charles Anthony Rick

    Contributor Level 15

    2

    Lawyers agree

    Answered . I agree with the responses of both of my colleagues. They have provided excellent responses.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this... more

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