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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 North Dakota, the compensation of an executor of a will, also known as a personal representative, is governed by state statutes found in the North Dakota Century Code (NDCC). Specifically, NDCC Section 30.1-18-19 outlines that a personal representative is entitled to reasonable compensation for their services. If the will does not specify the amount, the compensation is determined by what is reasonable, considering the time, effort, difficulty of administration, skill required, fidelity and responsibility involved, the size of the estate, and the results obtained. North Dakota law does not provide a specific formula for calculating the executor's compensation, but it does allow for the court to review and determine what is reasonable if the parties cannot agree. It is also possible for the executor to renounce their right to compensation, which must be done in a timely manner.

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Wills, trusts, and estates

executor fee

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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North-Dakota State Code

North-Dakota State Code

Wills, trusts, and estates

executor fee

Articles