Being an Executor comes with a number of responsibilities in which you need to invest a lot of time and effort to administer an estate successfully. Therefore, it would not be unreasonable to ask whether those acting in this role are compensated. The answer to this question is not entirely straightforward as it depends on various factors, such as whether the Executor was acting in a professional capacity (such as solicitors) or a non-professional capacity (such as family and friends of the deceased). There are also rules concerning what Executors can claim from the estate as expenses. Finally, the Will of the deceased may impact how much an Executor may receive.

Professional vs non-professional

The Will may appoint several people to be an Executor of the estate. It is normal for close family, friends, and those who benefit under the Will to be appointed as Executors. These Executors are non-professional or lay Executors. In contrast, the Will may also appoint what are known as professional Executors to act either alone or together with the lay Executors. This could include a law firm or a probate company.

If the deceased appointed a professional Executor, then there is more than likely a clause in the Will that allows the professionals to charge their rate for their work. This is not exactly the professionals being paid for being an Executor, but rather for their time administering the estate. The deceased’s family can ask the professional Executors to resign if they do not wish to pay these fees.

While this does not mean that the remaining Executors will be able to claim what the professional Executors would have received, it is possible for the lay Executor/s to appoint a professional Executor of their own accord. In fact, it is advisable for lay Executors to generally seek legal advice to ensure they are completing the process properly. The fees for the professional Executor can also be taken from the estate itself.

Expenses

Even though lay Executors are not entitled to be paid for their time invested in administering the estate, all Executors are entitled to be compensated for any expenses that occur in this process. The reimbursement comes from the estate itself. Examples of expenses which Executors might legitimately claim are:

• professional/legal fees
• funeral expenses
• valuations
• travel costs
• any upkeep/cleaning/maintenance of any property in the estate
• costs of selling assets in the estate (but not including your own time)
• payment of bills relating to the deceased’s estate
• costs of mailing documents
• any tax paid which was due on the estate
• Court fees/ probate fees

This list is not exhaustive but shows some of what may be claimed back if paid for by the Executors. Generally, anything relating to the estate itself will be claimable. Executors need to keep detailed records and receipts of what they have covered and are claiming expenses for to show the beneficiaries (i.e. those entitled to inherit the estate) or others if the expenses are claimed and queried.

Deciding what does and does not count as a reasonable expense to claim on the estate can be difficult and even lead to disagreements between Executors. We are able to guide you through this and help ensure the correct individual claims the correct amounts.

The Will

As mentioned previously, there is often a clause in a Will allowing professional Executors to claim for their time spent on administering the estate.

It is also possible that the Will contains a clause relating to compensation for the lay Executors. For example, the Will may leave a lump sum, items of property, or a share of the estate to those who act as Executors to the estate. An Executor can also be a beneficiary under the Will independent of their status as Executor (for example, if a child is set to inherit and be appointed Executor to their mother/father’s estate).

Ultimately, it is important to check what the Will says if you think you will want to be compensated for your work as a lay Executor. It is also crucial to check that resigning from your role as Executor will not impact any inheritance you are set to receive under the Will if you are considering this.

Contact Lewis Nedas Law – Probate Lawyers in Central London

Being an Executor to an estate can be daunting. Professional Executors such as our expert team at Lewis Nedas Law are able to complete this process using our experience and knowledge of this area. We are also able to offer advice to those acting as lay Executors who are finding themselves lost in this complicated process. Contact us on 020 7387 2032 or fill in our online enquiry form to begin getting help or enquire about appointing us as Executors to your estate.