Understanding executor fees is crucial whether you are drafting a will or appointed as an executor. Executor fees are the compensation an executor receives for executing a will, but these fees aren't guaranteed and vary significantly between states, with some states having maximum fee limits.
Several states have laws in place that set maximum limits on executor fees, while others leave it to the discretion of the court or the terms laid out in the will. This divergence in regulations creates a diverse landscape of executor fees across the U.S.
In this article, we'll focus on Arkansas, where executor fees depend on several factors, including the will, estate complexity, and execution effort. Our aim is to provide clarity on the often complicated subject of executor fees in Arkansas, helping you navigate the process with confidence.
Executor Fees in Arkansas
Arkansas, unlike some states, does have specific laws in place regarding executor fees. According to state law, executor fees are set at 10% of the total value of all personal property and revenue of the estate, plus 10% of the revenue from real estate sold under order of the court, not including the value of the real estate itself. This might appear more generous than the "reasonable" compensation allowed in many other states, but it's important to note that this is the maximum allowed by law, not a mandatory fee.
Often, the will itself may dictate the executor's compensation. If the will provides a fee or a method for determining the compensation, that provision typically governs. However, if the will does not address this issue, the executor is entitled to receive the maximum fee as per Arkansas law.
Executor fees in Arkansas are generally paid from the estate's assets, meaning the executor is compensated before the remainder of the estate is distributed to the heirs. Given the subjectivity of what is 'reasonable,' it is advisable for executors to keep detailed records of all the time and effort they spend on estate-related tasks. This will help justify their requested compensation, especially if disputes arise among the heirs or beneficiaries.
Claiming Reasonable Expenses as an Executor
In addition to the executor fee defined by law, Arkansas allows executors to claim "reasonable expenses" incurred during the administration of the estate. These are costs that the executor has paid out-of-pocket while fulfilling their duties.
These reasonable expenses can cover a wide range of costs, including administrative expenses like postage for mailing documents, travel costs for meetings or court appearances, and professional fees for attorneys, accountants, or appraisers. If the executor has to maintain a property as part of the estate such as paying for necessary repairs, utilities, or insurance, these costs can also be considered reasonable expenses.
For an expense to be deemed 'reasonable,' it must be necessary for the administration of the estate. Extravagant or unnecessary costs may not be approved by the court and could be challenged by beneficiaries. The process for claiming these expenses typically involves the executor keeping detailed records and receipts, which are then submitted to the probate court for approval. In some cases, the executor may need to justify the expenses, particularly if a beneficiary disputes them.
Tax Implications of Executor Fees
One important factor to consider when dealing with executor fees and reasonable expenses is their tax implications. In general, executor fees are considered taxable income, and they must be reported on the executor's personal income tax return. They are reported as income, not self-employment, so executors do not have to pay self-employment tax on them.
On the other hand, reimbursed expenses are typically not taxable as long as they are necessary costs incurred while administering the estate and are reimbursed directly by the estate. These expenses should be kept separate from fees for tax purposes.
The executor will receive a Form 1099-MISC from the estate reporting the amount of compensation received during the tax year. This form should be included when filing personal taxes.
When Do Executors Get Paid?
The process of settling an estate can be lengthy, and executors may wonder when they will receive compensation for their work. In Arkansas, executors are typically paid once they have completed their duties, which often includes tasks like settling debts, paying taxes, maintaining properties, and distributing assets to beneficiaries.
However, before the executor's fee is paid, it must be approved by the probate court. This involves the executor submitting a detailed account of their time and expenses, which the court reviews to determine if the requested fee is 'reasonable.' Once the court approves the fee, the executor can then pay themselves from the estate's assets.
Remember, the probate process can take several months to over a year, depending on the complexity of the estate. Therefore, executors should be prepared for the possibility that their compensation may not be immediate. Consulting with an estate planning attorney will help understand the specific timeline and processes involved in your situation.