As executor, you take on a lot of responsibility, but what, if anything, are you entitled to?

Reimbursing your costs

You can pay (or reimburse) your reasonable costs and out-of-pocket expenses from the estate’s funds.

Out-of-pocket expenses are costs directly related to carrying out your duties, such as parking fees, travel costs, and payments for services like cleaning, insurance or the funeral.

Legal and professional fees

Lawyers’ fees are payable from the estate, provided they are reasonable. What’s “reasonable” depends on the size and complexity of the estate, but generally includes legal fees for:

• Applying for a Grant of Probate or Letters of Administration
• Getting advice and assistance with your role and duties

Other professional fees, such as real estate agent commissions and accounting fees are also payable from the estate if they’re reasonable.

Payment for your time and effort

You’re only entitled to remuneration for your work as executor if:

• The Will authorises payment;
• The beneficiaries (usually the residuary beneficiaries) agree; or
• You obtain an order from the Supreme Court of Western Australia for compensation – known as executor’s commission.

Practical tips for claiming commission

To maximise your chances:

• Keep detailed records of your management of the estate, including time spent
• Carry out your duties efficiently, transparently, and promptly
• Seek professional assistance where needed

Need help?

If you’re unsure about what you can claim or want guidance on applying for commission, we can help. Contact us for clear advice and practical support

As executor, you take a lot of care and responsibility.  But what, if anything, are you entitled to?

You may pay (or reimburse) your reasonable costs and out-of-pocket expenses out of the estate’s assets (money).

Out-of-pocket expenses

These are expenses you incur directly related to carrying out your tasks as executor.  Common examples are parking fees, travel costs and fees paid for services required by the estate such as cleaning, insurance or the funeral.

Legal fees and other professional fees

Lawyers’ fees are payable out of the estate, provided they are reasonable.  What is reasonable depends on the size and complexity of the estate, but would generally include legal fees for:

• making an application for Probate or Letters of Administration; and
• obtaining other advice and assistance in relation to your role and duties.

Likewise, other professional fees such as real estate agent fees (by the way, these are negotiable) and accounting fees are also payable out of the estate, provided they are reasonable.

What about payment for your time and effort?

As executor, you are entitled to be remunerated for your time and effort in managing the estate only if:

• the Will authorises payment to you;
• the beneficiaries, generally the residuary beneficiaries, authorise payment to you; or
• you obtain an order from the Supreme Court of Western Australia for compensation– known as executor’s commission.

Practical tips for claiming a commission

You can maximise your prospects of claiming an executor’s commission by:

• keeping detailed records of your management of the estate, including the time you spend;
• undertaking your duties efficiently, transparently and timeously; and
• seeking professional assistance where necessary in the course of the administration.

How do I obtain an order for an executor’s commission?

You must apply to the Supreme Court of Western Australia. If you want to make or are considering making such an application, you should seek legal advice on your prospects and the procedure.