Executor's compensation, California

Q: Can an executor pay bills from a bank account?

Yes, an executor can pay bills from the deceased's bank account, provided they have been granted access to it. The executor must ensure that all payments are legitimate expenses of the estate and keep accurate records of all transactions. This helps maintain transparency and ensures compliance with legal obligations.

Full question:

I would like to know what the hourly salary of executors usually is.

Category: Wills and Estates
Subcategory: Executors and Administrators
Date: 04/07/2025
State: California

Answer:

California law includes statutory fees for executors and their attorneys. The websites shown below display the statutory fees for executors and attorneys. The statutory fees are based not on hours worked but on the value of the estate.

Please see the information at the following links:
http://www.ca-trusts.com/probate.html
http://www.giffordlaw.com/faqs.html
http://thelegacylawyer.wordpress.com/2009/05/25/california-probate-fees/

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How does an executor pay deceased bills?

An executor can pay the deceased's bills using funds from the estate. This typically involves accessing the deceased's bank accounts or using estate assets. The executor must ensure that all debts are settled before distributing any remaining assets to beneficiaries. It's essential to keep accurate records of all transactions for transparency and legal compliance.

What is the maximum executor fee?

In California, the maximum executor fee is determined by the value of the estate. The statutory fee schedule allows for a percentage of the estate's value, which can be found in the California Probate Code. Generally, the fee is 4% of the first $100,000, 3% of the next $100,000, and 2% for amounts over $200,000. Executors may also receive additional compensation for extraordinary services.

What is reasonable compensation for a personal representative?

Reasonable compensation for a personal representative, or executor, in California is typically based on the statutory fee schedule outlined in the Probate Code. This compensation is calculated based on the value of the estate rather than hourly work. If the executor performs additional services beyond the standard duties, they may petition the court for extra fees.

How much does an executor get paid per hour?

In California, executor fees are not calculated on an hourly basis but rather as a percentage of the estate's value, as specified by law. This means that the compensation is fixed based on the estate's worth rather than the number of hours worked. Executors can also seek additional fees for extraordinary services if approved by the court.

How does an executor pay bills?

An executor pays bills by using funds from the estate. They can access the deceased's bank accounts or liquidate estate assets to cover outstanding debts. It's important for the executor to prioritize paying debts and expenses related to the estate before distributing assets to beneficiaries. Keeping detailed records of all payments is crucial for accountability.