(a) The personal representative may pay commissions to personal representatives under § 7-601 of this subtitle, and attorney's fees under § 7-602 of this subtitle 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;
(iii) The signed written consent form states the amounts of the payments and is filed with the register of wills; and
(iv) Unless the consent form is filed simultaneously with the final administration account or final report under a modified administration, each payment consented to is for services rendered by the attorney or personal representative prior to the date of the consent; 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.
Designation of payment as an expense
(b) When rendering accounts, the personal representative shall designate any payment made under this section as an expense.
Credits
Added by Acts 1997, c. 693, § 1, eff. Jan. 1, 1998. Amended by Acts 2011, c. 80, § 1, eff. Oct. 1, 2011; Acts 2022, c. 630, § 1, eff. Oct. 1, 2022.
MD Code, Estates and Trusts, § 7-604, MD EST & TRST § 7-604
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.
