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Wills, trusts, and estates

executor fee

Although many executors of wills manage the administration of the deceased person’s (decedent’s) estate without compensation, a person who makes a will (testator) may provide for compensation of the executor in the will. And many states have laws (statutes) that provide a formula for calculating the compensation of an executor. These laws vary from state to state and are often located in the estates code, probate code, or similarly-named code.

In West Virginia, the compensation of an executor of a will, also known as a personal representative, is governed by state statutes. While the testator can specify in the will the amount of compensation for the executor, if the will does not mention compensation or the executor is serving without a will (intestate), West Virginia Code §44-4-8 provides a statutory fee schedule. This schedule allows for compensation based on a percentage of the appraised value of the estate's probate assets. The percentage typically decreases as the value of the estate increases. Additionally, the court may allow additional compensation for extraordinary services rendered by the executor. It is important for executors to be aware of these provisions to ensure they receive fair compensation for their services in managing and distributing the estate of the decedent.

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Wills, trusts, and estates

executor fee

Individual & Family Legal Plan

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West-Virginia State Code

West-Virginia State Code

Wills, trusts, and estates

executor fee

Articles