Executor Fees

An executor is entitled to reasonable and fair compensation for the services they provide. If you have been appointed as a personal representative of a deceased individual’s estate in Arizona, it’s important to realize that the work you do can be compensated. It is imperative, however, that you understand the different roles and responsibilities that you have when serving in this position.

You are not obligated to take on the role of executor if you do not wish to serve in this manner and choosing to serve means that you will need to have a clear understanding of how executors get paid.

Courts in Arizona determine a reasonable fee for personal representatives or executors based on established Arizona rules of probate procedures. This includes a couple of factors for compensation in fee guidelines and every case is determined individually.

The court can also exert additional pressure on other factors in this situation. Any professionals who are hired to serve as an executor of an Arizona estate are paid an hourly rate. Rule 32 in Arizona probate laws establishes that an executor is entitled to compensation for their services.

Arizona Executor Tasks

Arizona executors perform a variety of different and important tasks associated with closing out an estate. This includes the gathering of all of the assets inside the estate, the establishment of whether or not there are any debts or creditors to which those assets should eb sold or dealt with in order to cover those debts, and the distribution of any remaining assets to beneficiaries within the estate.

Generally personal representatives receive reasonable compensation paid at $25 to $50 per hour. This makes it extremely important for a personal representative to keep track of all of the tasks that they do and the total amount of time it took for them to complete the probate process.

A series of laws enacted in 2012 in Arizona were designed to create more accountability in the probate process. This added to an already long list of tasks assigned to a personal representative. For example, now personal representatives are required to take a class about how to be a fiduciary. A fiduciary holds a specific legal responsibility to act within the best interests of the executors. The court will not approve an appointment as a personal representative if that party does not complete the training on how to become an executor.

There are a number of other requirements as well. Any personal representative who intends to be paid on a case must give proper notice and disclosure within 120 days of being appointed in this role. When a personal representative fails to file a closing statement with the court within two years of the decedent’s death or otherwise fails to timely address tasks necessary to settle the estate, the court can terminate their role. There are a number of different duties that can take time and can lead to an executor receiving executor fees. These can include:

  • Providing notice of court appointment of the personal representative per ARS 14-3705.
  • Publishing a formal notice to creditors to notify them that the probate case is open per ARS 14-3801.
  • Providing an initial accounting and inventory of assets to heirs no later than 90 days after court appointment per ARS 14-3076.
  • Keeping detailed records of all expenses and receipts within the estate including an accounting to heirs per ARS 14-3933.

For more information about serving as an executor, you’ll want to speak with an Arizona executor fees lawyer to understand this position and all of the responsibilities that come with it. Typically a probate court will find executor fees to be reasonable when they are similar to what people have received in the past as compensation within that area. For further information set up a time to speak with an executor fees attorney in Arizona.

Executors do a lot of work and might underestimate what their role requires from them until they are in the thick of it. A more complicated estate can take months or even years to fully close things out. If you have questions about how to proceed and why it’s so important to track everything you do within the estate, a lawyer can assist you.

Contact Information