Can an executor charge a fee in Alabama probate?

Full question:

My father passed away and in his will he put for everything to be divided among my 2 brothers and my sister and me. My oldest brother is executor, he has gotton an attorney to probate the will. The attorney has mailed me, my sister and other brother papers to sign to probate the will, I have no problem in signing the papers nor does my sister but my brother says he is not signing until the executor sings a paper saying that he is not going to ask for ans executor fee. I have read the will and it does not say a fee can be charged my sister says it's a law in alabama. my question is: is it a law and if so if my brother does not sign is there something else we can do to settle the house and bank acct there is not alot of money in either one.

Category: Wills and Estates
Subcategory: Will Contests
Date: 04/07/2025
State: Alabama

Answer:

Yes, Alabama law allows for an executor's fee. It's unclear what your brother is refusing to sign. Sometimes, an executor may ask for a release to be signed, but this is not legally required; it is often a practice of the law firm involved. If your brother does not sign, you may need to petition the court to have the executor distribute the estate or resolve any disputes. According to Alabama law (Ala. Code § 43-2-848), an executor is entitled to reasonable compensation for their services, which can be determined by the court based on various factors. If the will does not specify a fee and there is no contract regarding compensation, the executor can still renounce their right to a fee. Additionally, if necessary, the probate court can compel the executor to settle the estate (Ala. Code § 43-2-530). Users can search for state-specific legal templates at .

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

Who has more power, a beneficiary or executor?

The executor has more authority than a beneficiary in the probate process. The executor is responsible for managing the estate, paying debts, and distributing assets according to the will. Beneficiaries have a vested interest in the estate but do not have the same decision-making power. However, beneficiaries can challenge the executor's decisions in court if they believe the executor is not fulfilling their duties properly.

How do you settle an estate with a difficult sibling?

To settle an estate with a difficult sibling, communication is key. Try to discuss concerns openly and calmly. If disagreements persist, consider mediation to facilitate discussions. If necessary, you may need to seek legal advice or petition the probate court to resolve disputes. Remember, the executor has the responsibility to act in the best interest of the estate, which can help guide the process.

What is the best way to divide up estate things for siblings?

The best way to divide estate items among siblings is to communicate openly about preferences and feelings. Create an inventory of items and allow siblings to express their wishes. Consider using a fair method, such as drawing lots or taking turns selecting items. If disagreements arise, mediation or involving a neutral third party can help facilitate a fair resolution.

Can the executor of a will take everything?

No, the executor cannot take everything from the estate. Their role is to manage the estate and ensure that assets are distributed according to the will. Executors are required to act in the best interest of the beneficiaries and cannot use their position for personal gain. If an executor misuses their authority, beneficiaries can challenge their actions in probate court.

What are the probate problems with siblings?

Probate problems with siblings often arise from disagreements over asset distribution, differing opinions on the executor's decisions, or perceived favoritism. Emotional issues may also surface, leading to conflict. Clear communication and a willingness to compromise can help resolve these problems. If conflicts escalate, seeking legal advice or mediation may be necessary to find a resolution.

What are the problems with siblings in probate?

Problems with siblings in probate can include disputes over asset division, disagreements about the executor's management of the estate, and emotional tensions stemming from family dynamics. Siblings may have different expectations or interpretations of the will, leading to conflict. Open communication and mediation can help address these issues, but if necessary, legal intervention may be required to resolve disputes.