Can I collect payment for being an assigned Personal Representative in a Will?

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Can I collect payment for being an assigned Personal Representative in a Will?

I am assigned to administer of an estate. The expenses of the last illness, the funeral, burial, cemetery marker, cremation and all the estate inheritance, legacy, succession or similar duties or taxes, and on and on. I am not a family member but a close friend. This person wants only one family member to get her remaining items and inheritance after everything is sold and paid. My job Is to everything to make that happen and to not give anything to other family members. This will be very hard work. Can I pay myself a wage for doing this without it being in the Will?

Asked on April 18, 2018 under Estate Planning, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

First of all, a PR (or executor) does not have to be named as a beneficiary in the Will that they are administering. Secondly, a PR is entitled to a fee for the perfomance of their duties. In MI, there is no set fee that a PR can charge unless it is stated in the Will itself. Under state law the fees should be "reasonable". As a general rule, charges for PR's will run 3-5% of the gross value of the estate. If a beneficiary challenges the fee charged, the probate court judge then determines whether the fees were reasonable or not.


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