§ 7-601. Compensation of personal representative and special administrator

   (a) Right to compensation. -- A personal representative or special administrator is entitled to reasonable compensation for services. If a will provides a stated compensation for the personal representative, additional compensation shall be allowed if the provision is insufficient in the judgment of the court. The personal representative or special administrator may renounce at any time all or a part of the right to compensation.

(b) Computation of compensation. -- Unless the will provides a larger measure of compensation, upon petition filed in reasonable detail by the personal representative or special administrator the court may allow the commissions it considers appropriate. The commissions may not exceed those computed in accordance with the table in this subsection.




 
   If the property subject to                                The commission may
 
   administration is:                                             not exceed:  
 
   Not over $ 20,000....................................................... 9%
 
   Over $ 20,000..................................... $ 1,800 plus 3.6% of the
                                                           excess over $ 20,000



(c) Appeal. -- Within 30 days a personal representative, special administrator, or unsuccessful exceptant may appeal the allowance to the circuit court, which shall determine the adequacy of the commissions and increase, but not in excess of the above schedule, or decrease them.

(d) Commission on sale of real property. -- If the personal representative retains the services of a licensed real estate broker to aid in the sale of real property, the commissions paid to the real estate broker are an expense of administration and may not be deducted from the commissions allowed by the court to the personal representative in accordance with subsection (a) of this section.

HISTORY: An. Code 1957, art. 93, § 7-601; 1974, ch. 11, § 2; ch. 579; 1975, ch. 428; 1978, ch. 247; 1989, ch. 656, § 2; 1991, ch. 216.