[Direct answer]In principle, it is not allowed to "act first". According to Article 1149 of the Civil Code of the People's Republic of China (effective January 1, 2021), the estate administrator may receive compensation in accordance with the law or as agreed, but such compensation must be based on the provisions of the will, the agreement of the heirs, or the court's approval, and it should generally be settled after the completion of the management affairs and the submission of a report. If the administrator withdraws compensation from the estate without an agreement or the consent of the heirs, it may constitute unauthorized possession, and the heirs may demand its return and claim compensation in accordance with Articles 1148 and 985. The correct approach is to first clarify the compensation standards and payment deadlines, and then perform the duties in accordance with the agreement and settle the accounts. For more details, please refer to the relevant provisions of the Civil Code of the People's Republic of China.Legal services for inheritance and family property division.

1. Problem background and typical scenarios

After the decedent's death, estate management often takes months or even years: clearing the estate, handling creditor's rights and debts, and organizing the division all require time and expenses. Typical scenarios include: the heirs jointly serve as managers, and one of them believes he/she has contributed the most and withdraws a "hardship fee" from the estate account first, causing disputes; the executor deducts money without agreeing on the standard with the heirs; the decedent's debts are complex, and the managers are at a loss about the order of remuneration and debt repayment; some heirs claim that the managers have no right to receive remuneration on the grounds of family obligations and labor. If the remuneration issue is not handled properly, the management process itself will also become a new lawsuit. Related disputes are often intertwined with family conflicts, which can be combined with other legal proceedings to resolve them.Divorce litigation and family dispute resolution servicesCoordinate and solve it comprehensively.

II. Key points of contention

There are four main points of contention. Firstly, the basis for compensation: Article 1149 of the Civil Code adopts the expression "in accordance with the law or as agreed", but the law does not stipulate specific standards. In practice, it mainly relies on wills, agreements between heirs, or court approvals. Secondly, the payment timing: whether to pay first or later - withdrawing funds without prior agreement goes against common sense of settling accounts after completing duties, and is easily regarded as unauthorized disposal of the inheritance. Thirdly, the order of expenditure: compensation should be paid after the inheritance tax and debts are settled and before the inheritance is divided. Fourthly, whether the amount is reasonable: it should be determined based on the complexity of the matter, the time spent, and local fee standards. Excessively high compensation may be reduced. For the identification of debts within the inheritance, reference can be made to relevant provisions.Creditor-debtor relations and enforcement case servicesClarify the order of repayment.

III. Professional analysis by Hengluo Law Firm

Based on practical observations in handling inheritance disputes, compensation disputes often stem from "oral tacit agreements". When multiple heirs jointly serve as managers, it's common for one to secretly advance property fees and notarization fees, and then quietly recover a sum from rent or sale proceeds. With no records in the accounts and no agreed upon standards, the other heirs eventually sue for repayment and compensation. According to Article 1148 of the Civil Code, if a manager causes damage to heirs, legatees, or creditors due to intentional or gross negligence, they shall bear civil liability; if they unlawfully appropriate funds, they shall constitute unjust enrichment and be required to return the funds. Hengluo Lawyers usually recommend the following: specifying the calculation method and payment milestones for compensation in writing at the start of management, depositing all receipts and payments into a special account, and requiring all major withdrawals to be confirmed in writing by all heirs. If no agreement can be reached, legal action can be initiated subsequently.Legal services for inheritance and family property divisionPlease ask the court to approve this request to avoid letting a minor issue escalate into a protracted legal battle.

IV. Practical suggestions and legal basis

The legal basis is Article 1145 of the Civil Code of the People's Republic of China (effective January 1, 2021) (the method of appointing a manager), Article 1147 (the duties of a manager, and the payment of remuneration should be made after the performance of duties), Article 1148 (the civil liability of a manager), Article 1149 (the right to request remuneration), and Article 984 (the return of unjust enrichment); as well as the relevant provisions on estate managers in the Interpretation (I) of the Inheritance Chapter of the Civil Code of the People's Republic of China by the Supreme People's Court (effective January 1, 2021). Practical suggestions: First, when a manager is appointed, the remuneration standard and payment deadlines should be agreed upon in writing; Second, if no agreement is reached, the remuneration should be determined through negotiation or applied for approval by the court, and the manager may not withdraw the remuneration on his own; Third, the order of remuneration payment should be after settling necessary management expenses and tax debts, and before the division of the estate; Fourth, maintain full accounting records and traceability, and all withdrawals must be confirmed in writing. For issues regarding the effectiveness of relevant agreements, please refer to the relevant provisions of the Civil Code of the People's Republic of China and the Interpretation (I) of the Inheritance Chapter of the Civil Code of the People's Republic of China by the Supreme People's Court.Special services and other case servicesPlease consult us at the same time.

5. Henglu Law Firm's Reminder

Heritage management is not a thankless task, but it's definitely not a case of doing it first and getting paid first. The legal process is as follows: if there is a will or an agreement, the inheritance shall be distributed according to the agreement; if there is no agreement, the parties shall first negotiate; if the negotiation fails, the court shall determine the distribution; and after the duties are completed and the accounts are clear, the settlement shall be made. Two reminders: managers should not transfer money from the estate account on their own before the accounts are clear, even if their original intention is to retrieve what they are entitled to; if the heirs are dissatisfied with the manager's remuneration, they should raise written objections and preserve the account evidence in time to avoid exceeding the statute of limitations. For cases with significant disputes, it is recommended to consult a professional lawyer with the will, election documents, and receipts and expenditure vouchers to fix the remuneration standard through negotiation or litigation.

VI. Frequently Asked Questions

Q1: If the estate administrator pays himself/herself first, can the heirs request to get the money back?

The key point is whether there is any basis for this. If the will, the agreement between the heirs, or the court's ruling clearly specify the compensation standard and the payment time, the administrator can withdraw the compensation according to the agreement, and the heirs generally cannot demand its return. If there is no agreement or the heirs' consent, and the administrator withdraws the compensation from the estate before or during the performance of his duties without authorization, the payment lacks legal basis. The heirs may claim the return of the unjust enrichment according to Article 986 of the Civil Code and may seek compensation for damages according to Article 1148 of the Civil Code. Whether this money can be kept depends on whether the basis and procedures for obtaining the compensation are complete. Do not regard the compensation as a default right.

Q2: What evidence do I need to prepare to claim the remuneration of the estate administrator?

The core evidence includes: the administrator's identity documents (certificate of executor, document of heir selection, or court-appointed ruling), evidence of compensation agreements (provisions of the will, written agreements of the heirs, minutes of meetings), evidence of performance of duties (inventory of the estate, certificates of debt repayment, report records, travel and communication records, proving the time and amount of work invested), and income and expenditure accounts and transaction records of special accounts (proving that the compensation was not received repeatedly), as well as reference materials on fees for similar local affairs. The more complete the evidence is, the more it can prove that the compensation is reasonable and legal; if there are only oral claims without supporting accounting records, it will be difficult to obtain support for the compensation request.

Q3: What is the average remuneration for an estate administrator, and are the fees charged by lawyers for estate administration generally high?

The Civil Code does not stipulate a unified standard. In practice, the fee is usually determined based on the complexity of the management affairs, the time spent, the scale of the estate, and with reference to local charging standards; if it is approved by the court, the court will determine a reasonable amount after considering the above factors, and will not determine it based on the unilateral quotation of the administrator. If a lawyer is entrusted to handle the dispute over compensation, the lawyer's fee shall be determined through consultation based on the subject matter of the case and the workload, and the litigation fees shall be accumulated in stages in accordance with the "Measures for the Payment of Litigation Fees" and shall be borne by the losing party. It is recommended to clarify the charging method and stages before entrusting, and to weigh the disputed amount against the cost of protecting rights to avoid seeking compensation and ending up losing money instead.

Q4: How long does it usually take to resolve disputes over the remuneration of estate administrators?

It depends on the solution. If the negotiation or mediation is successful, it can be completed within a few weeks to a few months; if the negotiation fails and a lawsuit is initiated, the first-instance ordinary procedure generally takes six months to conclude, and the summary procedure takes three months. If it involves confirming the scope of heirs or determining the validity of the will, the period will be extended; if one party appeals, the second-instance procedure generally takes three months. Cases where the court determines the compensation often require several months from filing to adjudication. It is recommended to fix the accounts and agree on the evidence as soon as possible to initiate the procedure — the longer the delay, the harder it is to restore the accounts, the higher the cost of protecting rights, and the harder it is to repair the trust among heirs.

Q5: If an estate administrator wants to legally receive compensation, what specific steps should they take?

Four steps: First, when becoming a manager, clarify the compensation standards, calculation methods, and payment milestones in writing, and have all heirs sign them; if there are no agreements, negotiate and sign them as soon as possible. If negotiations fail, you can request the court to determine the compensation. Second, establish a special inheritance account, keep records of all income and expenditure, and have all major withdrawals confirmed by all heirs. Third, after completing the main management tasks and preparing a list and report, withdraw the compensation as agreed; if it is necessary to withdraw some expenses in advance, you must obtain the written consent of the heirs and clarify the settlement and offset. Fourth, take the initiative to reconcile the accounts when the accounts are unclear, and avoid taking the money on your own. If there are any disputes throughout the process, consult a lawyer in time.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for inheritance·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.