Can an executor take a percentage or charge a fee for doing all the work?

UPDATED: May 27, 2013

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Can an executor take a percentage or charge a fee for doing all the work?

And if one of the beneficiarys of the estates has stolen from the estate, can the executor deduct a portion from this person portion?

Asked on May 27, 2013 under Estate Planning, Maryland


Nathan Wagner / Law Office of Nathan Wagner

Answered 9 years ago | Contributor

Yes, the executor is paid a fee by the estate. In California, the fee is a percentage of the value of the estate, and that percentage is set by law.

If one of the beneficiaries has already received value from the estate (by stealing it), the executor can deduct that value from their share. But the executor should have to prove to the court's satisfaction that the beneficiary actually took it.

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