What executor fees are allowed in Louisiana?

Full question:

What are the fees an executor can charge in the state of Louisiana?

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

Answer:

In Louisiana, executor compensation depends on the date of the testament:

If the testament is dated before January 1, 1961, the executor is entitled to the full compensation allowed by law, even if not confirmed as executor.
If the testament is dated after December 31, 1960, the executor is entitled to reasonable compensation for their services, regardless of whether they have been confirmed.

If there is a disagreement between the executor and the residuary legatee regarding the compensation, the legatee can bring the matter to court. The court will not allow the legatees to take possession of their legacies until it is proven that the executor's compensation has been paid (La. Civ. Code Art. 3033).

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

What is a reasonable executor's fee?

In Louisiana, a reasonable executor's fee is typically based on the complexity of the estate and the amount of work performed. While there is no fixed percentage, fees often range from 2% to 5% of the total value of the estate. The court may also consider factors such as the time spent managing the estate and any special skills the executor may possess. If there's a dispute over the fee, it can be resolved in court (La. Civ. Code Art. 3033). *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.*

How much does an executor charge in Louisiana?

In Louisiana, executor fees can vary significantly based on the estate's size and complexity. Executors may charge a reasonable fee, often falling between 2% and 5% of the estate's total value. However, this can depend on the specific circumstances of the estate and the amount of work required. If there is a disagreement about the fee, the matter can be taken to court for resolution (La. Civ. Code Art. 3033). *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.*

What is the first thing an executor must do?

The first thing an executor must do in Louisiana is to locate and review the will. Once the will is found, the executor should file it with the appropriate probate court to initiate the probate process. This step is crucial as it formally recognizes the executor's authority to manage the estate and carry out the deceased's wishes. Additionally, the executor should notify beneficiaries and creditors of the probate proceedings (La. Civ. Code Art. 3033). *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.*

What are the cons of being an executor of a will?

Being an executor of a will in Louisiana can come with several challenges. Executors may face significant time commitments, especially if the estate is large or complex. They are also responsible for managing financial matters, which can be stressful. Additionally, executors may encounter disputes among beneficiaries or face legal scrutiny over their decisions. They can also be held liable for mistakes made in the administration of the estate. Understanding these responsibilities is critical before accepting the role (La. Civ. Code Art. 3033). *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.*