If I am the personal representative of my mother’s estate, may I be financially compensated at any time, even if it’s insolvent?
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If I am the personal representative of my mother’s estate, may I be financially compensated at any time, even if it’s insolvent?
I have spent hundreds in lost wages and other expenses directly related to this. I am only looking for a small fraction of that money back. I just want to know if there is a legal way it may be done prior to the conclusion of the estate business, or must I wait until all creditors have made their claims and whatnot? There is no Will.
Asked on December 14, 2011 under Estate Planning, Washington
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the Probate Code of each state, the compensation of the adminstratrix (no Will of the decedent) or executrix (Will of the decedent) is determined by code based upon a percentage of the estate to be paid the estate just as though the estate pays the various creditors.
Payment of the estate's representative's fees comes per court order at the very end of the process upon the filing of the final order of distribution. In same cases if there is not enough assets of the estate, its representative may get no payment for the efforts made. You must wait until all creditors have made their claims and for the final order of distribution to get whatever compensation may be coming to you for your services.
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