How much is the administrators fee on an estate of around $98,000 and when should the admins be paid?

Bankruptcy and Debt 2 views 2 answers
My husband and his brother are the administrators of their late father's estate. The estate will likely not be settled for another 3/4 years becasue of a real estate transaction. My father-in-law passed away in 2008 and my husband and brother-in-law have been handling the estate since his death. We have been told by an estate attorney that the admin fee can be around 5% of the estate's value. Is this correct and is this a one time fee? When should it be paid to the admins?

Attorney Answers

2
Wilber Thurston HarvilleLitigation LawyerVirginia Beach, VA ·
The standard fee in this instance would be 5% of the value of the assets administered plus 5% of the income received from the assets during the period of administration. Under certain circumstances, the Commissioner who will approve the final accounting may agree to a commission that is lower or higher depending on the circumstances of the particular estate. Note also where there are co-administrators, there would normally be only the 5% commission which the co-administrators would share. You should normally expect to collect the fee at the end of the estate administration, but there are circumstances (such as, for instance, where there is lots of time consuming work necessary) that might support at least a partial interim payment.
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Charles Mcwilliams ·
I would agree with the above answer but elaborate a little on the fee adjustments. If the administrators feel the fee is insufficient they can apply to the Commissioner of Accounts for an increase in the amount of the fee due to the significant amount of work required. However, keep in mind the fee received is subject to income tax, so increasing the fee will not be wise if your husband and his brother are the only administrators. If there are other siblings, they could potentially receive greater compensation for assuming the burden of serving as administrators. NOTE: If you find this response helpful, please click on the “thumbs up” button at the bottom. DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT A QUALIFIED ATTORNEY.
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