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 Ohio, 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 Ohio, helping you navigate the process with confidence.
Executor Fees in Ohio
In Ohio, the law provides a specific fee schedule for executor compensation, as outlined in the Ohio Revised Code Section 2113.35. This schedule provides a clear framework for calculating executor fees, which can be beneficial for executors and beneficiaries alike by providing predictability and transparency.
According to the Ohio Revised Code, the executor's fee is based on a percentage of the estate's value. The percentage decreases as the value of the estate increases. For instance, for an estate valued up to $100,000, the executor fee is 4%. For an estate valued between $100,000 and $400,000, the fee is 3%, and for any value above $400,000, the fee is 2%.
It's important to note that these percentages are not cumulative. For example, if an estate is valued at $500,000, the executor doesn't receive 4% of the first $100,000, 3% of the next $300,000, and 2% of the remaining $100,000. Instead, the executor would receive 2% of the total $500,000, as this rate applies to the entire value of the estate.
The will itself can also determine the executor's compensation. If the will specifies a fee or a method for determining the compensation, that provision usually governs. However, if the will is silent on this aspect, the executor's fee will follow the statutory schedule outlined in the Ohio Revised Code.
Executor fees in Ohio 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. As the fee is based on a statutory schedule, the need for keeping detailed records of time and effort spent on estate-related tasks is less crucial in Ohio than in states where the fee is 'reasonable' and determined on a case-by-case basis.
Claiming Reasonable Expenses as an Executor
In addition to the statutory executor fee, Ohio 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 include a wide variety of costs. For instance, they can cover administrative expenses such as postage for mailing documents, travel costs for meetings or court appearances, and fees paid to professionals like 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.
It's important to note that 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 of all costs incurred. These records 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
An important aspect to consider when dealing with executor fees and reasonable expenses is their taxability. In general, executor fees are considered taxable income. This means they must be reported on the executor's personal income tax return. The fees 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 Ohio, as in many other states, 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 involves the executor submitting a detailed account of their time and expenses, which the court will review 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. It's always a good idea to consult with an estate planning attorney to understand the specific timeline and processes involved in your situation.
