Legal Question in Wills and Trusts in Connecticut

Unlike states that have a fee schedule set by law, Connecticut relies on a reasonableness standard when determining how much executors are paid for their duties. In states like New York and Florida, statutory fees are calculated using a percentage of the probate estate (usually 4 or 5 percent). This percentage is taken from the total assets of the estate that pass through the probate process. Anything that passes outside of probate, such as life insurance policies and payable on death accounts, would not count towards the executors percentage. Thus, the larger the estate, the larger the fees collected by the executor in states that use the percentage method.

However, the flat fee schedule used in other states is not always the best option. Two estates can be identical in worth but completely different in complexity. This is why Connecticut�s reasonableness standard is beneficial. The executor of the less complex estate would collect less fees than an executor of a more complex estate even though the two estates could be identical in worth.

According to Hayward v. Plant, 98 Conn. at 384, nine factors contribute to the determination of what is a reasonable fee for an executor in Connecticut. Those factors are (1) the size of the estate; (2) responsibilities involved; (3) character of the work required; (4) special problems and difficulties met in doing the work; (5) results achieved; (6) knowledge, skill, and judgment required; (7) manner and promptness in which the matter was handled; (8) time required; and (9) other relevant and material circumstances. Additionally, Rule 39 of the Connecticut Probate Court Rules of Procedure describes that the probate court will ultimately determine whether the executor�s fee is reasonable.

Of course, the fee paid also depends on who the executor is, as a friend or relative might collect less fees, if any, than a institution or an attorney would. If you have any further questions, please contact one of the experienced estate planning attorneys at Maya Murphy, P.C. in Westport at 203-221-3100.