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My father passed away with no will.it went into probate court and my oldest brother was appointed executor of estate what kind of percentage or fee is he entiltled to for adminastoring the estate in California?

2007-08-03 18:18:30 · 3 answers · asked by andy25333 1 in Politics & Government Law & Ethics

3 answers

I agree with TedEx. If you are the executor and take a fee, it is coming out of your share of the distribution of the estate. It is subject to income taxes and social security taxes [self-employed income on Form 1099-MISC].

In Pennsylvania, the compensation of personal representatives is governed by 20 Pa.C.S. § 3537, which states:

The court shall allow such compensation to the personal representative as shall in the circumstances be reasonable and just, and may calculate such compensation on a graduated percentage.

Many courts allow fees in accordance with Johnson Estate, 4 Fid.Rep.2d 6, 8 (O.C. Del. Co. 1983)

Executor or Administrator
COMMISSIONS Per Col. Per Total
$ 00.01 to $ 100,000.00 5% 5,000.00 5,000.00
$ 100,000.01 to $ 200,000.00 4% 4,000.00 9,000.00
$ 200,000.01 to $ 1,000,000.00 3% 24,000.00 33,000.00
$ 1,000,000.01 to $ 2,000,000.00 2% 20,000.00 53,000.00
$ 2,000,000.01 to $ 3,000,000.00 1½% 15,000.00 68,000.00
$ 3,000,000.01 to $ 4,000,000.00 1% 10,000.00 78,000.00
$ 4,000,000.01 to $ 5,000,000.00 ½% 5,000.00 83,000.00


1% Joint Accounts
1% P.O.D. Bonds
1% Trust Funds
3% Real Estate Converted with Aid of Broker
5% Real Estate: Non-Converted
1% Real Estate: Specific Devise

Estate practice can vary from county to county within a state and from state to state. Check local practices in your jurisdiction.

2007-08-04 03:00:09 · answer #1 · answered by Mark 7 · 0 1

I recently ( still) am the executor of my father 's estate. I get zero.
Why? First, whatever I get, comes out of the estate, so there is less IN the estate. secondly, anything I get is subject to federal income tax, I decided it's not worth it to take any money for doing it.

2007-08-04 01:32:36 · answer #2 · answered by TedEx 7 · 0 0

He will get everything after clearing any debt for your father.

2007-08-04 01:25:37 · answer #3 · answered by patrickandamie 3 · 0 1

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