Legal Question in Wills and Trusts in Virginia

In Virginia, is an executor fee expected for a will not in probate to the person who filed as proponent of will? My brother, sister, and I were in my mother's will that noted her house $104k and car $5k to be equally distributed between the three of us. My sister and brother were listed as coexecutors. The estate is estimated at $120,000 after debts, funeral expenses, and moving expenses are paid. The circuit court did not require this to be in probate. Is there a requirement for executor fees to be paid? If not, why? If so, what would be appropriate and where is the requirement written?


Asked on 12/11/11, 12:06 pm

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

There is no requirement that your siblings be paid an executor fee, and it may not make much sense for them to receive a fee -- whatever they receive as an executor fee would be taxable income to them, whereas whatever they receive from the estate (which is the only source of an executor fee) would not. If they have put in a lot of time settling the estate, work out something with them . . . . . . and stay friends.

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Answered on 12/12/11, 4:39 am


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