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  1. #1
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    Question In Wa State Must or May Executor Be Paid if One of Beneficiaries

    My question involves estate proceedings in the state of: WA

    In other words, must or may the executor of a will, who is also a beneficiary, pay himself/herself a fee for acting as the will-designated executor? The will in question doesn't mention such a fee or its amount.

  2. #2
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    Default Re: In Wa State Must or May Executor Be Paid if One of Beneficiaries

    Quote Quoting disquisitive
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    My question involves estate proceedings in the state of: WA

    In other words, must or may the executor of a will, who is also a beneficiary, pay himself/herself a fee for acting as the will-designated executor? The will in question doesn't mention such a fee or its amount.
    The executor is entitled to be paid a fee for the work that they do for the estate. An executor, who is also an heir, will sometimes waive that fee. In WA there is no set amount or percentage that executors must be paid. Google, "executor's fee WA" for more information.

  3. #3
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    Default Re: In Wa State Must or May Executor Be Paid if One of Beneficiaries

    Quote Quoting disquisitive
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    My question involves estate proceedings in the state of: WA

    In other words, must or may the executor of a will, who is also a beneficiary, pay himself/herself a fee for acting as the will-designated executor? The will in question doesn't mention such a fee or its amount.
    Don't be greedy. If there are multiple beneficiaries you could get sued for misfeasance or malfeasance which will tie up the estate and make lawyers very happy.

  4. #4
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    Default Re: In Wa State Must or May Executor Be Paid if One of Beneficiaries

    No.

  5. #5
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    Default Re: In Wa State Must or May Executor Be Paid if One of Beneficiaries

    Quote Quoting pg1067
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    No.
    That question cannot be answered with a simple no. With the "must or may" there two different answers. The must question is no because an executor can waive the fee. However the may question is absolutely yes.

  6. #6
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    Default Re: In Wa State Must or May Executor Be Paid if One of Beneficiaries

    Quote Quoting llworking
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    That question cannot be answered with a simple no. With the "must or may" there two different answers. The must question is no because an executor can waive the fee. However the may question is absolutely yes.
    Agree. I missed the "may" part of the question.

  7. #7
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    Default Re: In Wa State Must or May Executor Be Paid if One of Beneficiaries

    It also depends on if the will stipulates that the executor can be paid a fee or not.

  8. #8
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    Default Re: In Wa State Must or May Executor Be Paid if One of Beneficiaries

    Quote Quoting budwad
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    It also depends on if the will stipulates that the executor can be paid a fee or not.
    My understanding is that the will has no such stipulation.

  9. #9
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    Default Re: In Wa State Must or May Executor Be Paid if One of Beneficiaries

    Quote Quoting budwad
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    It also depends on if the will stipulates that the executor can be paid a fee or not.
    I did not see any mention of that. What I saw said that if the will stated an amount that the executor was to be paid, that that amount would stand. Otherwise it may be based on any reasonable method of determination. What I read suggested that an hourly rate be established.

  10. #10
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    Default Re: In Wa State Must or May Executor Be Paid if One of Beneficiaries

    Quote Quoting llworking
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    I did not see any mention of that. What I saw said that if the will stated an amount that the executor was to be paid, that that amount would stand. Otherwise it may be based on any reasonable method of determination. What I read suggested that an hourly rate be established.
    Probate Fees in Washington: Since 1917

    Probate fees in Washington are currently provided under RCW 11.48.210 as follows:
    •The amount set by the Decedent in his/her Will, or in the absence of such a specified amount
    •The amount determined by the Court to be “reasonable and just.”

    If the Decedent sets an amount for compensation in his/her Will, that in effect puts the named Personal Representative who desires to receive compensation to an election:
    •Default Alternative: To accept that amount as full compensation regardless of the amount of work to be performed prospectively at the beginning of the probate or as actually performed retrospectively at the end of the probate, or
    •Active Alternative: To renounce that amount and allow the Court to determine “reasonable and just” compensation, with any such renunciation required to be made in a writing filed with the Court prior to his/her appointment. For the form to accomplish this renunciation and election, see: If the Decedent Has Set an Amount for Compensation in his/her Will.

    A third alternative exists, of course, and that is for the Personal Representative to waive compensation, which can be advantageous, especially if the Personal Representative is the sole Heir or Beneficiary, and the estate is not so large as to benefit from receiving a tax deduction for compensation paid. See: Tax Consequences of Payment of Compensation. For the form to accomplish this waiver, see: Is Compensation Required to be Paid?

    In determining the amount of compensation, the Court will consider the nature of the services rendered, the time required to perform the services, the diligence with which the services are performed, and the values of the assets necessitating the rendition of service. Estate of Bailey, 56 Wn.2d 6223 (1960). And, as stated above, while the value of estate assets is taken into consideration, it is not to be given great weight in the determination of compensation. Estate of Perry, cited above.

    The Court may also increase or decrease the amount of “reasonable and just” compensation to be paid to the Personal Representative:
    •Subject to increase if the Personal Representative performs services benefiting the estate that are not required by law of a Personal Representative; examples: •Legal services,
    •Accounting services,
    •Brokerage services, etc.

    •Subject to decrease if the Personal Representative “has failed to discharge his/her duties as such in any respect.”
    You can read a full analysis here.

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