Estate Planning 101

Executor Fees in Georgia

This is a comprehensive guide on executor fees in Executor Fees in Georgia, detailing how they are calculated, the concept of reasonable expenses, tax implications, and the payout process.
February 4, 2024

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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 Georgia, 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 Georgia, helping you navigate the process with confidence.

Executor Fees in Georgia

In Georgia, executor fees are guided by statute. Georgia law provides a specific fee schedule for executor compensation. According to Georgia Code Section 53-6-60, executors are entitled to a fee of 2.5% of all money received by the executor and 2.5% of all money paid out by the executor during the administration process.

The court can also allow additional compensation for extraordinary services rendered by the executor. These might include selling real estate, litigating on behalf of the estate, or managing a business. However, if the will specifies a fee or a method for determining the compensation, that provision usually governs.

Executor fees in Georgia are typically paid out of the estate's assets. This means the executor is compensated before the remainder of the estate is distributed to the heirs. Given the statutory guidelines, it's crucial for executors to keep detailed records of all money received and paid out during the estate administration process.

Claiming Reasonable Expenses as an Executor

In addition to the statutory fees, Georgia law 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.

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 - for example, by 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 aspect to consider when dealing with executor fees and reasonable expenses is their tax implications. In general, executor fees are considered taxable income. This means 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 time-consuming, and executors may wonder when they will receive compensation for their work. In Georgia, executors are typically paid before beneficiaries receive their inheritances, but the timing can vary.

Generally, executors receive their fees once they have completed most of their duties. This 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 process generally involves the executor submitting a detailed account of their time and expenses, which the court will review to determine if the fees align with the statutory guidelines. 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. It's always a good idea to consult with an estate planning attorney to understand the specific timeline and processes involved in your situation.