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Maryland Order of Court Granting Personal Representative's Commission Fees

State:
Maryland
Control #:
MD-JB-248-27
Format:
PDF
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A27 Order of Court Granting Personal Representative's Commission Fees

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FAQ

Paying any debts and liabilities of the estate, owing prior to death; defending the Will of the deceased if litigation is started against the deceased's estate; attending to tax returns for the deceased and their estate; distributing the estate in accordance with the deceased's Will.

Professional executors, such as solicitors or banks, are of course able to charge for their time, but there is no financial incentive for lay executors.The only exception is if a clause has been included in the will which specifically allows an executor to charge for their time.

The Maryland statutes say that the maximum personal representative fee is 9 percent of the estate's value if the estate is worth $20,000 or less. That would equal $900 on a $10,000 estate. The fee is $1,800 for estates greater than $20,000, plus 3.6 percent of the estate's value over $20,000.

Under California law, an executor or administrator of the estate can receive compensation for working on the estate.If an estate is valued at under $100,000, the executor may be paid an amount that is four percent of the value.

If the deceased person appointed a professional Executor in their Will, it's common for the professional to charge a fee for this service. The professional Executor will want to ensure that the Will contains a specific fee clause, which will entitle them to charge for their services.

A personal representative in California is entitled to compensation for ordinary services provided to the estate. California Probate Code § 10800. These fees are also called statutory fees, because they are provided by statute.

Maryland is a reasonable compensation state for executor fees. Maryland executor compensation has a restriction, though. Maryland executor fees, by law, should not exceed certain amounts. Reasonable compensation is not to exceed 9% if less than $20,000; and $1,800 plus 3.6% of the excess over $20,000.

If the estate is valued at an amount greater than $25 million, the California Probate Code does not establish a percentage for the executor to receive. Instead, the court sets a reasonable fee for the executor.

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Maryland Order of Court Granting Personal Representative's Commission Fees