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mickman

10% to executor

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We live in Arizona & my girlfriends mother just passed away. She has 3 sisters & one of them is the executor. That sister says that 10% of each bequest goes to her as executor & 10% of each bequest goes to the attorney. Is she entitled to 10% as the executor without such language included in the will?

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Arizona law only states that the personal representative is "...entitled to reasonable compensation for his services." There is no statutory percentage.

If the estate's value is small and/or the estate is particularly complex, then I guess that a court might approve compensation that works out to 10% of the estate's value. But, the personal representative better have a very persuasive argument with plenty of evidence of the time spent in administering the estate to justify that amount of compensation.

One of the sisters might want to explain to sister personal representative that, if she wants 10%, she will find herself trying to justify it before the court.

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