Dianne Reis, attorney at law.

Board Certified - Estate Planning and Probate Law
Texas Board of Legal Specialization

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Questions Discussion
Why do I need a will?
Is probate really that bad?
Do I need a living trust?
Can my estate avoid paying an executor's fee?
How can I save estate taxes?
What is a bypass trust?
What is a life insurance trust?
What is a Crummey trust?
What is the difference between community property and separate property?
What taxes will the beneficiary of my life insurance policy have to pay?
What's the difference between an inheritance tax and an estate tax?
Who will get my property if I die without a will?

Can my estate avoid paying an executor's fee?

Please remember that this answer is provided in the spirit of public education, not as legal advice. If you require legal advice for a particular situation, you should consult an attorney.

Probate laws differ from state to state. The following discussion applies to residents of Texas.

You can write a will that denies or limits compensation to your executor. You may appoint your spouse or another beneficiary as executor, and a beneficiary is often quite willing to serve for free. If the executor is the sole beneficiary of the will, then an executor's fee may not be important to him, because it will come out of the same funds he would otherwise receive as a bequest. If your will leaves property to multiple people, any one of them might jump at the chance to be in charge, fee or no fee. Texas law does not disqualify a beneficiary of the estate from serving as executor merely because he is a beneficiary.

If you do deny compensation to your executor, your lawyer will probably suggest that you make an exception for professional executors (banks, trust companies, etc.), because they will not serve without compensation. Even if your will does not appoint a professional executor, the probate judge may be obliged to appoint one because of unforeseen circumstances (for example, all of the executors you name might be unwilling or unable to serve). Although this is unlikely to happen, you should not leave your estate unprepared to deal with any situation.

Home

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Wills, living trusts, estate planning and probate for Texas residents.

Copyright 1998-2006 by Dianne Reis.