Does a personal representative get paid? | Freilich Law | Michael Freilich | freilichlaw.com | (410) 321-0040
Yes, in Maryland a personal representative gets paid 3.4% of the first $18,000 of the probate estate, and then he gets a small percentage on the balance. Of course, the personal representative can waive. The interesting question is the interplay in Maryland between attorney’s fees and the personal representative’s commission.
In Maryland, in most cases, the attorneys are paid the amount of the personal representative’s commission. Attorney’s fees on probate estates are normally reviewed in detail by the probate court. Typically, they will not allow fees for both the attorney and the personal representative in excess of the statutory commissions to just the personal representative.
There are exceptions to this. For example, if there’s a sale of real estate or if there are extraordinary services rendered by the attorney. That’s typically how it runs.