Is the personal representative entitled to be paid?

Is the personal representative entitled to be paid?

Attorney Gadi Zohar explains:

Yes. A personal representative is always entitled to be paid. They have a fiduciary duty. They have a job to do, and we cannot make someone do that for no remuneration.

Now that doesn’t mean they have to accept payments. Sometimes family members choose not to, and that’s an option.

I always tell clients even if they think they’re not going to get paid to be the personal representative, perhaps to make that decision at the end of the process because they may decide that it was a lot more work than they thought, and they may feel like it is fair to get paid.

If it’s a probate, the personal representatives payment is determined by law is a certain percentage of the estate, which is the same pay that an attorney is entitled to.

And if it’s a trust administration, the personal representative who is known as the trustee is entitled to reasonable compensation as trustee.

An experienced probate and estate planning attorney can help you determine what your entitled to if you should be paid if it’s in your interests and how to properly go about getting paid as a personal representative.