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ARTICLE · 27 MARCH 2024

An Executors Guide To Compensation

Morrison Foerster
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Navigating the complexities of estate administration can be a daunting task, often requiring a significant investment of time and effort. In Alberta, the role of an Executor or Administrator of an Estate...

United StatesFamily and Matrimonial

Navigating the complexities of estate administration can be a daunting task, often requiring a significant investment of time and effort. In Alberta, the role of an Executor or Administrator of an Estate ("Personal Representative") often demands considerable obligations as the person tasked with managing and finalizing the Estate. Additionally, the role can expose the Personal Representative to personal liability in various instances. As such, Executors are entitled to charge the Estate a reasonable executor fee to compensate them for their contributions.

The Surrogate Rules outline the fundamental rules for Personal Representative Compensation but do not specify an amount or set a flat fee. Instead, the Surrogate Rules state that Personal Representatives must receive "fair and reasonable compensation" for their responsibility in administering an Estate and set out factors to be considered in determining such compensation.1

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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