The problem of calculating fees for an executor, executrix, administrator or personal representative in Pennsylvania estate situations is intriguing simply because there is in fact no tough and quick rule about how such charges are to be calculated. Examples of assets that do not come into the hands of the executor and are not subject to the commission include things like: Life insurance coverage (if there is a beneficiary other than the estate), retirement accounts where a beneficiary other than the estate is named, property that is held as joint tenancy by the entirety or joint tenants with rights of survivorship.
I think the rationale behind permitting a commission on joint assets (as well as spend on death assets) exactly where the executor does not have to take physical custody is since the executor generally nonetheless ought to get information and facts on these accounts for tax purposes.
Alternatively appoint a household member, but make confident that they comprehend that they will have to appoint a specialist agent, and that they should negotiate the fee and be pretty cautious of agreeing to a fee arrangement in terms of which the skilled agent charges their specialist charge, instead of the legislated scale, cautions Macpherson.
Simply because of the complexity in determining the correct procedure, and to assure that you are supplied with guidance in meeting your duties as an executor, we strongly advise searching for the guidance of an lawyer who is familiar with probate proceedings prior to taking any action on your own.
In actuality, while the schedule established in Johnson was only included as an attachment to the judge’s written opinion, it has served as the unofficial guideline for gauging executor commissions and attorney fees ever considering that, with countless other judges adopting it as their personal benchmark for assessment of accountings in subsequent circumstances.…