Legal Question in Wills and Trusts in Washington

Re: Compensation of Personal Rep of Estate

Follow-up to your question: I thought you were asking about attorney fees, not PR fees. "My bad." I agree with Ms. Powell, although I would suggest the $10-20/hour range is a little low. There is a 1982 (give or take a year) decision indicating that $50/hour for PR fees was permissible. Perhaps not for merely sweeping the residence but you get the picture. It does depend on what the PR is actually doing during the estate administration.

Re: Compensation of Personal Rep of Estate

There is no percentage fee compensation in WA for managing estates. If the PR asks to be compensated at a reasonable hourly rate then the Court can decide whether to allow the fees to come out of the estate. If the PR is an attorney, their hourly rate would be allowed, but if the PR is not an attorney, then chances are the Court is going to allow something between 10 and 20 per hour for the work involved.

It would also depend on what the will said and whether there are sufficient assets in the estate to pay the PR.

Hope that helps. Elizabeth Powell

Re: Compensation of Personal Rep of Estate

It depends on your location and the state. In nightmare probate states like California an attorney can charge a percentage of the estate. In more streamlined probate states like Washington such an attorney pricing scheme would likely not be permitted if challenged. In Washington you'll most likely find fixed fee or per hour billing rates. But those rates can vary dramatically depending on where you live and the complexity of the probate. My suggestion is that you consult with a couple probate attorneys (reduced or free consultation fees) and/or contact your local bar association to inquire as to the average probate attorney rates in that area. For example, a Walla Walla attorney might charge $125 an hour while a Seattle attorney might charge $300+. And of course experience counts -- and with that experience comes increased hourly rates. Do your homework and hunt around.

Remember, I'm an attorney but I'm not YOUR attorney. Only a thorough review of your situation by a competent attorney after an attorney-client relationship has been established will result in an informed legal opinion.

Re: Compensation of Personal Rep of Estate

There is interesting recent case law on personal representative's compensation. Depending on the circumstances, a court order may be needed to expend funds for the personal representative's compensation. In general, the personal representative should seek competent legal counsel before making distributions of any nature to himself, because of potential self dealing and breach of duty issues.