Title 53, Chapter 6, Section 60
( 53-6-60)
(a) Personal representatives shall be compensated as specified in
either the will or any written agreement entered into prior to the
decedent's death or a written agreement signed by all the
beneficiaries of a testate estate or all the heirs of an intestate
estate. A written agreement between a testator and a personal
representative shall be valid and binding upon the estate of the
testator as fully and completely as if set forth in and made a part
of the will. (b) If the personal representative's compensation is not specified
in the will or any separate written agreement, the personal
representative for services rendered shall be entitled to
compensation equal to: (1) Two and one-half percent commission on all sums of money
received by the personal representative on account of the estate,
except on money loaned by and repaid to the personal
representative, and 2 1/2 percent commission on all sums paid out
by the personal representative, either for debts, legacies, or
distributive shares; (2) Ten percent commission on the amount of interest made if,
during the course of administration, the personal representative
shall receive interest on money loaned by the personal
representative in that capacity and shall include the same on the
return to the probate court so as to become chargeable therewith
as a part of the corpus of the estate; (3) Reasonable compensation, as determined in the discretion of
the probate court and after such notice, if any, as the court
shall direct, for the delivery over of property in kind, not
exceeding 3 percent of the appraised value and, in cases where
there has been no appraisal, not over 3 percent of the fair value
as found by the judge, irrespective of whether delivery over in
kind is made pursuant to proceedings for that purpose in the
probate court and irrespective of whether the property, except
money, is tangible or intangible, personal or real; and (4) In the discretion of the probate court, compensation for
working land for the benefit of the parties in interest in no case
exceeding 10 percent of the annual income of the property so
managed. (c) Whenever any portion of the dividends, interest, or rents
payable to a personal representative is required by law of the
United States or other governmental unit to be withheld by the
person paying the same for income tax purposes, the amount so
withheld shall be deemed to have been collected by the personal
representative. (d) Unless the will or written agreement specifies otherwise, where
some or all of the estate passes through the hands of several
personal representatives by reason of the death, removal, or
resignation of the first qualified personal representative, or
otherwise, the estate shall not be subject to diminution by charges
of commission of each successive personal representative holding and
receiving in the same right but rather commissions for receiving the
estate shall be paid to the first personal representative who
receives the property for the benefit of the estate or that person's
representative, and commissions for paying out shall be paid to the
personal representative who actually distributes the fund, and no
commissions shall be paid for handing over the fund to a successor
personal representative. If there is more than one personal
representative serving simultaneously, the division of the
compensation allowed them shall be according to the services
rendered by each. (e) Unless the will or written agreement specifies otherwise, a
personal representative is entitled to receive commissions on debts,
legacies, and distributive shares paid to that personal
representative in the same manner as commissions to which the
personal representative would be entitled under the terms of the
will or written agreement or applicable law on such items paid to
others; provided, however, a personal representative shall not be
entitled to any commissions for any sums paid to any personal
representative of the estate as commissions or other compensation. (f) Personal representatives who fail to make annual returns as
required by law shall forfeit all commissions for transactions
during the year within which no return is made unless the probate
court, upon cause shown, shall by special order entered on the
minutes relieve them from the forfeiture. (g) A personal representative may renounce the right to all or any
part of the compensation to which the personal representative is
entitled under this Code section. |