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§ 7-601. Personal representatives and special administrators

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2022

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 7. Administration of the Estate (Refs & Annos)
Subtitle 6. Compensation and Expenses (Refs & Annos)
Effective: October 1, 2022
MD Code, Estates and Trusts, § 7-601
§ 7-601. Personal representatives and special administrators
Currentness
Right to reasonable compensation
(a)(1) A personal representative or special administrator is entitled to reasonable compensation for services.
(2) 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.
(3) The personal representative or special administrator may renounce at any time all or a part of the right to compensation.
Computation of compensation
(b)(1) Unless the will provides a larger measure of compensation, on petition filed in reasonable detail by the personal representative or special administrator the court may allow the commissions it considers appropriate.
(2) The commissions authorized under paragraph (1) of this subsection may not exceed those computed in accordance with the following table:
If the property subject to
administration is:
The commission may
not exceed:
Not over $20,000
 
 
9%
Over $20,000
 
 
$1,800 plus 3.6% of the
excess over $20,000
Appeal of allowance
(c) 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 commissions computed in accordance with the table in subsection (b)(2) of this section, or decrease them.
Commission on sale of real property
(d) 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.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1974, c. 579; Acts 1975, c. 428; Acts 1978, c. 247; Acts 1989, c. 656, § 2; Acts 1991, c. 216; Acts 2014, c. 45, § 5; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019; Acts 2022, c. 630, § 1, eff. Oct. 1, 2022.
Formerly Art. 93, § 7-601.
MD Code, Estates and Trusts, § 7-601, MD EST & TRST § 7-601
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document