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Executor of an estate charging a fee

Fatwaa ID: 1296

Question:
Assalamualeikum

Is it permissible for an executor of an estate to charge a fee?
If not permissible, can he take for all the expenses he had carried out?
If yes permissible, does the fees come out from the estate or from the beneficiaries?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

The executor of an estate provides a legitimate service. He is entrusted with the winding up of the estate of a deceased. This takes time and finances and he deserves to be compensated. He may charge a fee for the service that he provides. That is permissible. This also applies to a mufti or scholar who guides through the distribution and other related matters. The fee can be taken from estate itself.

Note: If the executor of the estate is an heir or family member of the deceased, then it will be advisable to appoint or hire someone else as there may be a conflict of interest.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

11/24/1444 AH – 06/13/2023 CE | AMG1-3150

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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