§ 7-604. Payment of commissions

   (a) Procedure. -- Payment of commissions to personal representatives under § 7-601 of this subtitle, and attorney's fees under § 7-602 of this subtitle may be made without court approval if:

   (1) (i) Each creditor, who has filed a claim that is still open, and all interested persons consent in writing to the payment;

      (ii) The combined sum of the payments of commissions and attorney's fees does not exceed the amounts provided in § 7-601 of this subtitle; and

      (iii) The signed written consent form states the amounts of the payments and is filed with the register of wills; or

   (2) (i) The fee is paid to an attorney representing the estate in litigation under a contingency fee agreement signed by the decedent or the current personal representative of the decedent's estate;

      (ii) The fee does not exceed the terms of the contingency fee agreement;

      (iii) A copy of the contingency fee agreement is on file with the register of wills; and

      (iv) The attorney files a statement with each account stating that the scope of the representation by the attorney does not extend to the administration of the estate.

(b) Payments as expenses. -- When rendering accounts, the personal representative shall designate any payment made under this section as an expense.

HISTORY: 1997, ch. 693; 2011, ch. 80.