Executor and Probate Attorney Fees by State: How They Are Calculated
Independently fact-checked against primary sources (last audited September 29, 2026). · 41 primary sources cited on this page. How we verify our legal content

Executors and probate attorneys are paid out of the estate, and how much depends almost entirely on the state where the estate is probated. A handful of states write a percentage schedule into their probate code. Others say only that the executor and the attorney are entitled to "reasonable compensation" and leave the number to the court.
Even the percentage states do not agree on what the schedule means. In California it is the compensation the statute provides for ordinary services. In Florida it is only presumed reasonable and can be negotiated. In Missouri it is a floor, and in Maryland, Iowa and Kentucky it is a ceiling.
This guide explains how each type of state sets fees, what estate value the percentages run on, who pays, and how a beneficiary can ask the court to review a fee. It includes worked examples that match our probate fee calculator.
Scope: This page explains executor and estate attorney compensation in US probate, using the statutes of the states whose rules we read in the official code on September 28, 2026: California, Florida, New York, Missouri, Maryland, Iowa, Wyoming, Oklahoma and Kentucky (percentage schedules), and Montana, the District of Columbia, Utah, Hawaii and North Dakota (reasonable compensation). We have not verified the rule in the other states, and some may have a schedule. Court filing fees, appraisal, bond and publication costs are separate charges and are not covered here. For how probate works generally, see our guide to probate by state.
Three ways states set executor and attorney fees
Every state starts from the same place: the personal representative (the executor named in a will, or the administrator appointed when there is no will) and the lawyer the personal representative hires are paid for their work out of estate funds. States then split into three approaches.
| Approach | What it means | Examples verified for this page |
|---|---|---|
| Statutory schedule | The statute sets a percentage schedule that the court applies to the estate value for ordinary services | California, Wyoming, New York (executor only), Oklahoma (executor only) |
| Schedule as a presumption, floor or ceiling | A schedule exists, but it only presumes a fee is reasonable, sets a minimum, or caps it | Florida (presumed reasonable), Missouri (minimum), Maryland, Iowa, Kentucky (maximum) |
| Reasonable compensation | No percentage in the statute; the fee must be reasonable, and the court decides if anyone objects | Montana, District of Columbia, Utah, Hawaii, North Dakota; attorney fees in New York and Maryland |
In every approach, two things can change the result: the will, and extraordinary services. A will can set the executor's pay, and most of the statutes below also let the court allow more for work beyond ordinary administration, such as litigation, tax matters or selling property.

States with a percentage schedule
The table summarizes the nine schedules our calculator computes. "Executor" means the personal representative; the percentages are marginal, so each rate applies only to the slice of value in its bracket.
| State | Executor schedule | Attorney schedule | Nature |
|---|---|---|---|
| California | 4% first $100,000; 3% next $100,000; 2% next $800,000; 1% next $9M; 0.5% next $15M; court sets above $25M | Same as executor | Compensation the statute provides for ordinary services |
| Florida | 3% first $1M; 2.5% to $5M; 2% to $10M; 1.5% above | $1,500 to $40,000; $2,250 to $70,000; $3,000 to $100,000; then 3% to $1M, 2.5% to $3M, 2% to $5M, 1.5% to $10M, 1% above | Presumed reasonable; negotiable |
| New York | 5% first $100,000; 4% next $200,000; 3% next $700,000; 2.5% next $4M; 2% above $5M | None; the court fixes a reasonable fee | Commissions the court must allow on sums received and paid out |
| Missouri | 5% first $5,000; 4% next $20,000; 3% next $75,000; 2.75% next $300,000; 2.5% next $600,000; 2% above $1M | Same as executor | Minimum |
| Maryland | 9% up to $20,000; above that, $1,800 plus 3.6% of the excess | None; reasonable compensation | Maximum |
| Iowa | 6% first $1,000; 4% from $1,000 to $5,000; 2% above $5,000 | Same as executor | Maximum |
| Wyoming | 10% first $1,000; 5% to $5,000; 3% to $20,000; 2% above | Same as executor | The court "shall allow" it, unless waived |
| Oklahoma | 5% first $1,000; 4% next $5,000; 2.5% above $6,000 | Not set in § 527 | Commission that must be allowed when the will sets none |
| Kentucky | Up to 5% of the personal estate, plus 5% of income collected | Not set in § 395.150 | Maximum |
California
California is the state people usually mean when they talk about "statutory probate fees." Probate Code § 10800(a) provides that "for ordinary services the personal representative shall receive compensation based on the value of the estate accounted for," and § 10810(a) gives the attorney for the personal representative the same schedule. So a California estate normally pays two fees of the same size, one to the executor and one to the lawyer.
The schedule is marginal: 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, 1% on the next $9 million and one-half of 1% on the next $15 million. Above $25 million, the statute calls for "a reasonable amount to be determined by the court."
Several rules sit around the schedule:
- The will controls the executor's pay. If the will provides for the personal representative's compensation, that "shall be the full and only compensation," unless the court relieves the executor of that provision (§ 10802). The same rule applies to a will provision on the attorney's pay (§ 10812).
- Side deals for more are void. An agreement between the personal representative and an heir or beneficiary for higher compensation than the statute provides "is void" (§ 10803), and so is an agreement between the personal representative and the attorney for a higher attorney fee (§ 10813).
- Extraordinary services are extra. The court may allow additional compensation for extraordinary services by the executor or the attorney "in an amount the court determines is just and reasonable" (§§ 10801, 10811). A contingent fee for extraordinary legal work needs a written agreement and court approval after a noticed hearing (§ 10811(c)).
- An attorney who is also the executor does not get both fees automatically. The attorney-executor receives the executor's compensation but not the attorney's compensation unless the court approves it in advance (§ 10804).
- Fees are paid by court order. The executor or attorney may petition for a partial allowance four months after letters issue (§ 10830), and the court fixes the full compensation when the final account and petition for distribution are filed (§ 10831).
For the rest of the California process, including small-estate alternatives, see our California probate guide.
Florida
Florida has schedules for both the personal representative and the attorney, but neither is a mandatory fee. Under Fla. Stat. § 733.617(2), a commission on the compensable value of the estate "is presumed to be reasonable compensation for a personal representative in formal administration": 3% of the first $1 million, 2.5% from $1 million to $5 million, 2% from $5 million to $10 million, and 1.5% above $10 million.
The attorney schedule in § 733.6171(3) is built differently. It starts with fixed amounts: $1,500 for an estate of $40,000 or less, an additional $750 for an estate over $40,000 up to $70,000, and another $750 over $70,000 up to $100,000. Above $100,000 the percentages take over: 3% on the next $900,000, 2.5% from $1 million to $3 million, 2% to $5 million, 1.5% to $10 million and 1% above $10 million.
The Florida rules that matter most to families:
- The attorney must disclose that the fee is negotiable. An attorney who intends to charge based on the schedule must tell the personal representative in writing that "There is not a mandatory statutory attorney fee for estate administration," that the fee "is not required to be based on the size of the estate," and that "The fee is subject to negotiation between the personal representative and the attorney" (§ 733.6171(2)(b)).
- Fees are paid without a court order. Both the personal representative's commission and the attorney's reasonable compensation are payable "from the estate assets without court order" (§§ 733.617(1), 733.6171(1)). For the attorney, that holds only if the required written disclosures were made; otherwise the attorney "may not be paid for legal services without prior court approval of the fees or the written consent of all interested parties" (§ 733.6171(2)(d)).
- Extraordinary services add to the fee. For the personal representative, these include selling property, litigation, tax proceedings, running the decedent's business and dealing with protected homestead (§ 733.617(3)). For the attorney, the list includes will contests and other litigation, and preparing a federal estate tax return, which carries its own presumed-reasonable fee of one-half of 1% of the gross estate up to $10 million and one-fourth of 1% above that (§ 733.6171(4)(e)).
- Two personal representatives can double the commission. If the estate is worth $100,000 or more and there are two personal representatives, each is entitled to the full commission a sole representative would get; with more than two, the compensation of two is shared (§ 733.617(5)).
The Florida schedule also applies only to formal administration (§ 733.6171(3)). Our Florida probate guide explains when summary administration is available instead.
New York
New York sets commissions for the executor but not the lawyer. Surrogate's Court Procedure Act § 2307(1) directs the court to allow commissions "for receiving and paying out all sums of money": 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4 million and 2% on everything above $5 million.
New York's base works differently from other states. The commission "shall be computed separately for receiving and for paying out sums of money, at one-half the statutory rates for receiving and at one-half the statutory rates for paying out" (§ 2307(1)). Money that has come in but has not yet been paid out or distributed has earned only the receiving half.
Property counts as money for this purpose, but not "a specific legacy or devise" (§ 2307(2)), meaning a gift of a particular item or piece of property named in the will. Our calculator lets you take those gifts out of the base and enter any amount not yet paid out.
Two other New York rules:
- Attorney fees are set by the court, not a table. The Surrogate's Court "is authorized to fix and determine the compensation of an attorney," a fiduciary or interested person can start that proceeding by petition, and an attorney who was paid more than the fair value of the services can be directed "to refund the excess" (SCPA § 2110).
- A lawyer who drafted the will and serves as executor can lose half the commission. Without the written disclosure and acknowledgment the statute requires, that attorney-executor's commissions are "one-half the statutory commissions" (SCPA § 2307-a(5)).
See our New York probate guide for New York's small-estate procedure.
Missouri
Missouri's schedule is a minimum, not a cap. Under RSMo 473.153.1, a sole personal representative "shall be allowed as the minimum compensation for his services" 5% of the first $5,000, 4% of the next $20,000, 3% of the next $75,000, 2.75% of the next $300,000, 2.5% of the next $600,000 and 2% of everything over $1 million. Attorneys "shall be allowed out of the estate as the minimum compensation" the same percentages (§ 473.153.3), and the court allows more when reasonable compensation is higher.
The Missouri base is narrower than most: "the value of the personal property administered and of the proceeds of all real property sold under order of the probate court." A house that is distributed to the heirs rather than sold under court order does not enter the figure.
Other Missouri rules: a will that sets the representative's compensation controls unless the representative renounces it in writing before qualifying; two or more joint or successor representatives share reasonable compensation capped at the lesser of twice the minimum or 5% of the base, unless they took court-ordered possession of real estate that has not been sold or performed extraordinary services (§ 473.153.2); and the court may reduce or deny compensation to a representative who "has failed to discharge his duties" (§ 473.153.6).
Maryland
Maryland's table is a ceiling on the personal representative's commission. The court may allow the commissions it considers appropriate on a detailed petition, but they "may not exceed" 9% if the property subject to administration is $20,000 or less, or "$1,800 plus 3.6% of the excess over $20,000" above that (Md. Code, Est. & Trusts § 7-601(b)).
Maryland has no attorney percentage. The attorney "is entitled to reasonable compensation," and the court must consider "what would be a fair and reasonable total charge for the cost of administering the estate" and "shall not allow aggregate compensation in excess of that figure" (§ 7-602). A personal representative or an unsuccessful exceptant may appeal a commission allowance to the circuit court within 30 days (§ 7-601(c)).
Iowa, Wyoming, Oklahoma and Kentucky
- Iowa allows "such reasonable fees as may be determined by the court," but "not in excess of" 6% of the first $1,000, 4% of the overplus to $5,000 and 2% above $5,000, computed on "the gross assets of the estate listed in the probate inventory" (Iowa Code § 633.197). Life insurance is not counted unless it is payable to the estate. The attorney's fee is capped by the same schedule and "taxed as part of the costs of administration" (§ 633.198), and the court may allow more for extraordinary services such as real estate, tax issues, disputes and locating lost heirs (§ 633.199).
- Wyoming says the court "shall allow" the personal representative and the estate attorney fees on the same schedule: 10% of the first $1,000, 5% up to $5,000, 3% up to $20,000 and 2% above, unless a written waiver is filed (Wyo. Stat. §§ 2-7-803(a), 2-7-804(a)). The two "may negotiate lower fees" (§ 2-7-804(d)). No fee may be paid "except upon order of the court" (§ 2-7-805(a)), and if one person serves as both personal representative and attorney, no ordinary personal representative fee is allowed (§ 2-7-805(c)).
- Oklahoma allows the executor or administrator commissions of 5% of the first $1,000, 4% of the next $5,000 and 2.5% above $6,000 when the will provides no compensation or the executor renounces it (58 Okla. Stat. § 527(A)). Any allowance for extraordinary service "must not exceed the amount of commissions allowed by this section," and co-executors share one fee as a unit (§ 527(A), (B)). Section 527 does not set the attorney's fee.
- Kentucky caps the compensation of an executor or administrator at "five percent (5%) of the value of the personal estate of the decedent, plus five percent (5%) of the income collected" for the estate (KRS 395.150(1)), with additional compensation possible for extra services. Our calculator does not add the income component.

States with reasonable compensation only
Montana, the District of Columbia, Utah, Hawaii and North Dakota follow the Uniform Probate Code model: "A personal representative is entitled to reasonable compensation for services" (Mont. Code Ann. § 72-3-631(1); D.C. Code § 20-751; Haw. Rev. Stat. § 560:3-719; N.D. Cent. Code § 30.1-18-19). Utah applies the same standard to both the personal representative and the attorney (Utah Code § 75-3-718(1)).
In these states there is nothing to calculate. The personal representative proposes a fee, and the court decides only if someone objects or asks for review.
Montana deserves a note of caution if you are reading older material. The current § 72-3-631 has no percentage schedule, and the former attorney-fee section, § 72-3-633, reads "Repealed. Sec. 105, Ch. 313, L. 2019."
Some of these statutes add useful detail:
- Utah: if a petition seeks approval of compensation "and if no objection is filed by an interested person," reasonable compensation "shall be the compensation sought in the petition"; if someone objects to the personal representative's fee, the court decides it based on "the quality, quantity, and value of the services rendered" (§ 75-3-718(1)). The petition must be sent to all interested persons at least 10 days before the hearing (§ 75-3-718(2)).
- District of Columbia: when reviewing compensation, the court considers the relationship of the fee to the work, any estimate given, the time spent and usual hourly rate, the complexity of the matters and results achieved, and whether time limits were met (D.C. Code § 20-753(b)).
- North Dakota: "If the amount of attorney's fees is based upon the value of the decedent's estate, the fee agreement must be in writing and mailed to all parties who are heirs" (§ 30.1-18-21).
What value the percentage is applied to
The estate value in a fee schedule is a defined term, and the definition changes the fee more than most people expect.
| State | Value the percentages run on |
|---|---|
| California | Inventory appraisal value, plus gains on sales, plus receipts, less losses on sales, "without reference to encumbrances or other obligations on estate property" (§ 10800(b)) |
| Florida | "The inventory value of the probate estate assets and the income earned by the estate during administration" (§ 733.617(1)) |
| New York | Money and property received and paid out or distributed, excluding specific legacies and devises (SCPA § 2307) |
| Missouri | Personal property administered plus proceeds of real property sold under court order (RSMo 473.153.1) |
| Iowa | Gross assets listed in the probate inventory; life insurance only if payable to the estate (§ 633.197) |
| Wyoming | Inventory value, adjusted for reappraisals and sales, plus accretions such as interest and dividends (§ 2-7-803(c)) |
| Oklahoma | "The whole estate accounted for," excluding property not ranked as assets (§ 527(A)) |
| Kentucky | The value of the personal estate, plus 5% of income collected (KRS 395.150(1)) |
Two consequences follow. First, in California, debt does not shrink the fee base: a $600,000 house with a $400,000 mortgage counts at its appraised value, not at the $200,000 of equity.
Second, the base is the probate estate. The California, Florida and Iowa definitions all start from the probate inventory, so property that passes outside probate and is not listed there does not enter those figures. Our probate guide explains which assets typically avoid probate.
Worked examples: a $500,000 probate estate
These figures are what each state's schedule produces for a $500,000 estate value (as that state defines it), computed with the same engine as our probate fee calculator. They are what the statute's schedule produces, not what any executor or lawyer will charge, and they leave out extraordinary services, court costs and expenses.
| State | Executor | Attorney | Both | How it is read |
|---|---|---|---|---|
| California | $13,000 | $13,000 | $26,000 | Statutory compensation |
| Florida | $15,000 | $15,000 | $30,000 | Presumed reasonable |
| New York | $19,000 | Court sets | $19,000 + attorney | Commission, if all $500,000 is received and paid out |
| Missouri | $14,050 | $14,050 | $28,100 | Minimum for each |
| Maryland | $19,080 | Reasonable | $19,080 cap + attorney | Maximum commission |
| Iowa | $10,120 | $10,120 | $20,240 | Maximum for each |
| Wyoming | $10,350 | $10,350 | $20,700 | Allowed unless waived or negotiated lower |
| Oklahoma | $12,600 | Not in § 527 | $12,600 + attorney | Commission when the will sets none |
| Kentucky | $25,000 | Not in § 395.150 | $25,000 cap + attorney | Maximum, before income |
Here is how three of them are built:
- California: 4% of $100,000 is $4,000, 3% of the next $100,000 is $3,000, and 2% of the remaining $300,000 is $6,000, for $13,000. The attorney's schedule is identical, so the two ordinary fees total $26,000.
- Florida: the personal representative's 3% of $500,000 is $15,000. The attorney's presumed fee is the $3,000 fixed amount for the first $100,000 plus 3% of the $400,000 above it ($12,000), also $15,000.
- New York: 5% of $100,000 ($5,000) plus 4% of $200,000 ($8,000) plus 3% of the remaining $200,000 ($6,000) is $19,000. If $100,000 of the estate were a specific bequest of property, the base would drop to $400,000 and the commission to $16,000. If $200,000 had been received but not yet paid out, only the receiving half would be earned on it so far, for $16,000 at that point.
Try your own figures in the probate fee calculator, which also shows each bracket and the notes for the state you pick.
Who pays executor and attorney fees
Executor and attorney fees come out of the estate, before the beneficiaries receive their shares. Florida puts "compensation of personal representatives and their attorneys fees" in Class 1, the first class the personal representative pays (Fla. Stat. § 733.707(1)(a)). Missouri says attorneys are allowed their compensation "out of the estate" (RSMo 473.153.3), and Iowa taxes the attorney fee "as part of the costs of administration" (§ 633.198). In California, "expenses of administration" are the first class of estate debts (Prob. Code § 11420(a)(1)).
New York adds a twist: when the court fixes an attorney's fee, it "may direct payment therefor from the estate generally or from the funds in the hands of the fiduciary belonging to any legatee, devisee, distributee or person interested" (SCPA § 2110). A fee incurred mainly for one beneficiary's benefit can be charged to that beneficiary's share.
Taxes on executor fees
An executor who takes a fee has income. IRS Publication 559 says "All personal representatives must include fees paid to them from an estate in their gross income." An executor who is not in the business of serving as an executor, such as a relative or friend, reports the fee on Schedule 1 (Form 1040); a professional reports it on Schedule C as self-employment income.
On the estate side, executor commissions and attorney fees are deductible on the federal estate tax return to the extent 26 C.F.R. § 20.2053-3 allows, but "no deduction may be taken if no commissions are to be paid," and attorney fees claimed "may not exceed a reasonable remuneration for the services rendered." Administration expenses can be deducted on the estate tax return (Form 706) or the estate's income tax return (Form 1041), but "can't be claimed for both" (Publication 559).
Waiving the fee
An executor does not have to take a fee. Several statutes say so directly: a personal representative "may renounce the right to all or any part of the compensation" in Montana (§ 72-3-631(2)), with the same rule in Hawaii, North Dakota and Utah, and Wyoming allows a "written waiver as to a part or all" of the fee (§ 2-7-803(a)). Whether waiving makes sense depends on the executor's tax situation and share of the estate, which is a question for a tax professional.
Writing a Fee Request, Waiver or Objection
Start with the court handling the estate: its clerk or self-help center can tell you whether it has a form for a fee waiver or objection. Where it does not, you can write the document in any word processor, and a letter asking for the fee basis can cover the points described below: the schedule or hourly rate, the value it runs on, and what is billed as extraordinary. PDFelement is optional paid software that can convert a Word draft to PDF, edit its text, or use OCR to make scanned estate papers searchable. It does not make a waiver or objection valid by itself, and the court decides what it accepts.
Explore What PDFelement DoesAffiliate disclosure: if you sign up through this link we may earn a commission, at no extra cost to you. Learn more
How to question or challenge a probate fee
A beneficiary who thinks a fee is too high generally has a route to the court, although the procedure depends on the state:
- California: fees are allowed by court order on a noticed petition (§§ 10830, 10831), and "An interested person may appear and make a response or objection in writing at or before the hearing," or orally at the hearing (Prob. Code § 1043).
- Florida: "Upon petition of any interested person, the court may increase or decrease the compensation" of the personal representative or the attorney (§§ 733.617(7), 733.6171(5)). In a review under § 733.6175, the burden of proving the compensation is reasonable is on the personal representative and the person employed, and anyone found to have received excessive compensation "may be ordered to make appropriate refunds" (§ 733.6175(3)).
- New York: a person interested can petition the Surrogate's Court to fix an attorney's fee, and the court can order a refund of anything paid above the fair value of the services (SCPA § 2110).
- Maryland: an unsuccessful exceptant may appeal a commission allowance to the circuit court within 30 days (Est. & Trusts § 7-601(c)).
- Reasonable-compensation states: on petition of an interested person, the court can review the reasonableness of the personal representative's own compensation and of any attorney or agent hired, and order refunds of excessive compensation (Haw. Rev. Stat. § 560:3-721; N.D. Cent. Code § 30.1-18-21; Utah Code § 75-3-720; D.C. Code § 20-753). In Montana, "In a dispute concerning fees, the court shall set the fee" (Mont. Code Ann. § 72-3-634(2)).
Before going to court, it usually helps to ask for the fee basis in writing: which schedule or hourly rate is being used, what value it runs on, and what is being billed as extraordinary. In Florida the attorney must already give the personal representative the written disclosures described above. Courts review fees against the statute and the facts, so the outcome of any objection depends on the estate and the work actually done. If the written basis still looks high, ask a probate lawyer in the estate's state for a free case evaluation on whether and how to object (attorney advertising).
Disclaimer: This page provides general legal information about executor and probate attorney compensation under the statutes of California, Florida, New York, Missouri, Maryland, Iowa, Wyoming, Oklahoma, Kentucky, Montana, the District of Columbia, Utah, Hawaii and North Dakota, as read in the official codes on September 28, 2026. It is not legal or tax advice, and it does not describe the rule in other states. Fee outcomes depend on the will, the estate and the court. Consult a probate lawyer licensed in the state where the estate is administered about your situation.
Frequently Asked Questions
What percentage does an executor get?
It depends on the state. California provides 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000 and lower rates above that (Prob. Code § 10800). Florida presumes 3% of the first $1 million is reasonable (§ 733.617), and New York's commissions start at 5% of the first $100,000 (SCPA § 2307). Montana, the District of Columbia, Utah, Hawaii and North Dakota set no percentage; the fee must be reasonable. A will can also set the executor's pay.
Are probate attorney fees a percentage of the estate?
Only in some states. California (Prob. Code § 10810), Missouri (as a minimum, RSMo 473.153.3), Iowa (as a maximum, § 633.198) and Wyoming (§ 2-7-804) tie the attorney's ordinary fee to a schedule, and Florida presumes a schedule-based fee is reasonable but negotiable (§ 733.6171). New York and Maryland have no attorney percentage: the fee must be reasonable and is reviewed by the court.
Does the mortgage reduce the value used for probate fees?
Not in California. The schedule runs on the inventory appraisal value "without reference to encumbrances or other obligations on estate property" (Prob. Code § 10800(b)), so a house counts at its appraised value, not its equity. Other states define the base in their own words; check the definition for your state.
Can the executor and the attorney both be paid?
Yes, they are usually separate fees. In California each gets the full schedule (Prob. Code §§ 10800, 10810), but an attorney who also serves as executor does not get the attorney fee unless the court approves it in advance (§ 10804). In Wyoming, when one person serves in both roles, no ordinary personal representative fee is allowed (§ 2-7-805(c)).
Is the Florida probate attorney fee mandatory?
No. The Florida schedule is only presumed reasonable, and an attorney who plans to use it must tell the personal representative in writing that there is no mandatory statutory attorney fee and that the fee is subject to negotiation (Fla. Stat. § 733.6171(2)(b)).
Do I have to pay tax on an executor fee?
Yes. IRS Publication 559 says personal representatives must include fees paid to them from an estate in their gross income. A family member serving once reports it on Schedule 1 (Form 1040); a professional executor reports it on Schedule C.
How do I challenge an executor's or attorney's fee?
Ask the court that is handling the estate. Most of the statutes on this page let an interested person object at the fee hearing or petition the court to review compensation, and several let the court order a refund of excessive fees (for example Fla. Stat. § 733.6175 and D.C. Code § 20-753). Deadlines and procedures vary, so consider speaking with a probate lawyer in that state.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
California Probate Code
§ 1043In force
(a) An interested person may appear and make a response or objection in writing at or before the hearing. (b) An interested person may appear and make a response or objection orally at the hearing. The court in its discretion shall either hear and determine the response or objection at the hearing, or grant a continuance for the purpose of allowing a response or objection to be made in writing. (c) A request for a continuance for the purpose of making a written response or objection shall not itself be considered as a response or objection, nor shall the failure to make a response or objection during the time allowed be considered as a response or objection.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Forthmann v. Boyer (California Court of Appeal 2002, 118 Cal. Rptr. 2d 715)“…implied by the relevant code sections. Probate Code section 1043, subdivision (a), provides that any int…”
- Robertson v. United States National Bank (California Court of Appeal 1965, 235 Cal. App. 2d 63)“…ee months after the first publication of the notice. Probate Code section 1043 proceeds as follows: “Upon the expirati…”
- Ruiz v. Espinoza CA2/5 (California Court of Appeal 2026)“…articulated Espinoza’s interest in the matter (pursuant to Probate Code section 1043, which allows an “interested person” to…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 10800In force
(a) Subject to the provisions of this part, for ordinary services the personal representative shall receive compensation based on the value of the estate accounted for by the personal representative, as follows: (1) Four percent on the first one hundred thousand dollars ($100,000). (2) Three percent on the next one hundred thousand dollars ($100,000). (3) Two percent on the next eight hundred thousand dollars ($800,000). (4) One percent on the next nine million dollars ($9,000,000). (5) One-half of one percent on the next fifteen million dollars ($15,000,000). (6) For all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court. (b) For the purposes of this section, the value of the estate accounted for by the personal representative is the total amount of the appraisal value of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses from the appraisal value on sales, without reference to encumbrances or other obligations on estate property.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Harpole v. Conrad N. Hilton Foundation (California Court of Appeal 1996, 44 Cal. App. 4th 890)“…f percentages of the value of the estate accounted for. 3 (Prob. Code, §§ 10800, 10810.) 4 Because this compensation i…”
- Berg & Berg Enterprises, LLC v. Sherwood Partners, Inc. (California Court of Appeal 2005, 32 Cal. Rptr. 3d 325)“…or approval as in the probate or trust setting. (See, e.g., Prob. Code, §§ 10800-10832, 11420, subd. (a)(1), 15684, 1624…”
- Miller v. Campbell, Warburton, Fitzsimmons, Smith, Mendel & Pastore (California Court of Appeal 2008, 76 Cal. Rptr. 3d 649)“…utine probate services rendered by an executor’s attorney. (Prob. Code, §§ 10800, 10810.) Services that are not involved…”
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§ 10801In force
(a) Subject to the provisions of this part, in addition to the compensation provided by Section 10800, the court may allow additional compensation for extraordinary services by the personal representative in an amount the court determines is just and reasonable. (b) The personal representative may also employ or retain tax counsel, tax auditors, accountants, or other tax experts for the performance of any action which such persons, respectively, may lawfully perform in the computation, reporting, or making of tax returns, or in negotiations or litigation which may be necessary for the final determination and payment of taxes, and pay from the funds of the estate for such services.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2014
Opinions citing this section in our collection:
- Williams v. McCullough CA2/1 (California Court of Appeal 2014)“…is to be what the court determines is just and reasonable. (Prob. Code, § 10801, subd. (a).) Rule 7.703(a) of th…”
- Securities and Exchange Commission, Henry C. Yuen Elsie M. Leung, Intervenors-Appellants v. Gemstar-Tv Guide International, Inc. (Court of Appeals for the Ninth Circuit 2005, 401 F.3d 1031)“…inary,” conferring entitlement to added fees. See, e.g., Cal. Prob. Code §§ 10801 , 10811; Cal. Court R. 7.702; In re Fu…”
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§ 10802In force
(a) Except as otherwise provided in this section, if the decedent’s will makes provision for the compensation of the personal representative, the compensation provided by the will shall be the full and only compensation for the services of the personal representative. (b) The personal representative may petition the court to be relieved from a provision of the will that provides for the compensation of the personal representative. (c) Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons: (1) Each person listed in Section 1220. (2) Each known heir whose interest in the estate would be affected by the petition. (3) Each known devisee whose interest in the estate would be affected by the petition. (4) The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the petition.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2004
Opinions citing this section in our collection:
- In Re Estate of Coplan (California Court of Appeal 2004, 20 Cal. Rptr. 3d 686)“…His first two choices for executor were not beneficiaries. Probate Code section 10802, subdivision (b), specifically allows a…”
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§ 10803In force
An agreement between the personal representative and an heir or devisee for higher compensation than that provided by this part is void.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 10804In force
Notwithstanding any provision in the decedent’s will, a personal representative who is an attorney shall be entitled to receive the personal representative’s compensation as provided in this part, but shall not receive compensation for services as the attorney for the personal representative unless the court specifically approves the right to the compensation in advance and finds that the arrangement is to the advantage, benefit, and best interests of the decedent’s estate.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 1996
Opinions citing this section in our collection:
- Conservatorship of Bryant (California Court of Appeal 1996, 45 Cal. App. 4th 117)“…erpretation seems to be consistent with the modification of Probate Code section 10804 (also a part of AB21) wherein rather th…”
- Brown v. Brown (California Court of Appeal 1996, 45 Cal. App. 4th 117)“…erpretation seems to be consistent with the modification of Probate Code section 10804 (also a part of AB21) wherein rather th…”
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§ 10810In force
(a) Subject to the provisions of this part, for ordinary services the attorney for the personal representative shall receive compensation based on the value of the estate accounted for by the personal representative, as follows: (1) Four percent on the first one hundred thousand dollars ($100,000). (2) Three percent on the next one hundred thousand dollars ($100,000). (3) Two percent on the next eight hundred thousand dollars ($800,000). (4) One percent on the next nine million dollars ($9,000,000). (5) One-half of 1 percent on the next fifteen million dollars ($15,000,000). (6) For all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court. (b) For the purposes of this section, the value of the estate accounted for by the personal representative is the total amount of the appraisal of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses from the appraisal value on sales, without reference to encumbrances or other obligations on estate property.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Wong v. Bresler (California Court of Appeal 2012, 207 Cal. App. 4th 366)“…a petition for apportionment of attorney fees, pursuant to Probate Code section 10810 et seq. In support of his fee request,…”
- Condon v. McHenry (California Court of Appeal 1998, 76 Cal. Rptr. 2d 922)“…e for Katz’s ordinary and extraordinary legal services (see Prob. Code, §§ 10810, 10811). Caroline challenged the petiti…”
- The Law Firm of Fox and Fox v. Chase Bank (California Court of Appeal 2023)“…d by statute to be paid for its legal fees from the estate (Prob. Code, § 10810, subd. (a)),12 and further, the Probate…”
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§ 10811In force
(a) Subject to the provisions of this part, in addition to the compensation provided by Section 10810, the court may allow additional compensation for extraordinary services by the attorney for the personal representative in an amount the court determines is just and reasonable. (b) Extraordinary services by the attorney for which the court may allow compensation include services by a paralegal performing the extraordinary services under the direction and supervision of an attorney. The petition for compensation shall set forth the hours spent and services performed by the paralegal. (c) An attorney for the personal representative may agree to perform extraordinary service on a contingent fee basis subject to the following conditions: (1) The agreement is written and complies with all the requirements of Section 6147 of the Business and Professions Code. (2) The agreement is approved by the court following a hearing noticed as provided in Section 10812. (3) The court determines that the compensation provided in the agreement is just and reasonable and the agreement is to the advantage of the estate and in the best interests of the persons who are interested in the estate.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Estate of Gilkison (California Court of Appeal 1998, 77 Cal. Rptr. 2d 463)“…is addressed to the sound discretion of the probate court. (Prob. Code, § 10811, subd. (a); Estate of Trynin…”
- Miller v. Campbell, Warburton, Fitzsimmons, Smith, Mendel & Pastore (California Court of Appeal 2008, 76 Cal. Rptr. 3d 649)“…44 Cal.App.4th 890, 894-895 [ 52 Cal.Rptr.2d 491 ]; Prob. Code, § 10811.) Attorneys’ fees that are properly con…”
- Arnall v. Superior Court (California Court of Appeal 2010, 190 Cal. App. 4th 360)“…that it constituted a valid contingency fee agreement under Probate Code section 10811, subdivision (c). 10 (Stevenson, supr…”
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§ 10812In force
(a) Except as otherwise provided in this section, if the decedent’s will makes provision for the compensation of the attorney for the personal representative, the compensation provided by the will shall be the full and only compensation for the services of the attorney for the personal representative. (b) The personal representative or the attorney for the personal representative may petition the court to be relieved from a provision of the will that provides for the compensation of the attorney for the personal representative. (c) Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following persons: (1) Each person listed in Section 1220. (2) Each known heir whose interest in the estate would be affected by the petition. (3) Each known devisee whose interest in the estate would be affected by the petition. (4) The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the petition.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2012
Opinions citing this section in our collection:
- Wong v. Bresler (California Court of Appeal 2012, 207 Cal. App. 4th 366)“…s some discretion to provide relief from such a provision. (Prob. Code, § 10812.) However, attorneys are prohibited fro…”
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§ 10813In force
An agreement between the personal representative and the attorney for higher compensation for the attorney than that provided by this part is void.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2012
Opinions citing this section in our collection:
- Estate of Gilkison (California Court of Appeal 1998, 77 Cal. Rptr. 2d 463)“…that allowed by statute are void as against public policy. (Prob. Code, § 10813.) 3 On February 24…”
- Wong v. Bresler (California Court of Appeal 2012, 207 Cal. App. 4th 366)“…ry probate services than the fee that is fixed by statute. (Prob. Code, § 10813.) Furthermore, no attorney fees may be…”
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§ 10830In force
(a) At any time after four months from the issuance of letters: (1) The personal representative may file a petition requesting an allowance on the compensation of the personal representative. (2) The personal representative or the attorney for the personal representative may file a petition requesting an allowance on the compensation of the attorney for the personal representative. (b) Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following: (1) Each person listed in Section 1220. (2) Each known heir whose interest in the estate would be affected by the payment of the compensation. (3) Each known devisee whose interest in the estate would be affected by the payment of the compensation. (4) The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the petition.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 1996
Opinions citing this section in our collection:
- Estate of Hilton (California Court of Appeal 1996, 44 Cal. App. 4th 890)“…911 former section 1616 of the Code of Civil Procedure (now Prob. Code, § 10830) was amended, expressly authorizing the…”
- Harpole v. Conrad N. Hilton Foundation (California Court of Appeal 1996, 44 Cal. App. 4th 890)“…911 former section 1616 of the Code of Civil Procedure (now Prob. Code, § 10830) was amended, expressly authorizing the…”
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§ 10831In force
(a) At the time of the filing of the final account and petition for an order for final distribution: (1) The personal representative may petition the court for an order fixing and allowing the personal representative’s compensation for all services rendered in the estate proceeding. (2) The personal representative or the attorney for the personal representative may petition the court for an order fixing and allowing the compensation, of the attorney for all services rendered in the estate proceeding. (b) The request for compensation may be included in the final account or the petition for final distribution or may be made in a separate petition. (c) Notice of the hearing on the petition shall be given as provided in Section 1220 to all of the following: (1) Each person listed in Section 1220. (2) Each known heir whose interest in the estate would be affected by the payment of the compensation. (3) Each known devisee whose interest in the estate would be affected by the payment of the compensation.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 11420In force
(a) Debts shall be paid in the following order of priority among classes of debts, except that debts owed to the United States or to this state that have preference under the laws of the United States or of this state shall be given the preference required by such laws: (1) Expenses of administration. With respect to obligations secured by mortgage, deed of trust, or other lien, including, but not limited to, a judgment lien, only those expenses of administration incurred that are reasonably related to the administration of that property by which obligations are secured shall be given priority over these obligations. (2) Obligations secured by a mortgage, deed of trust, or other lien, including, but not limited to, a judgment lien, in the order of their priority, so far as they may be paid out of the proceeds of the property subject to the lien. If the proceeds are insufficient, the part of the obligation remaining unsatisfied shall be classed with general debts. (3) Funeral expenses. (4) Expenses of last illness. (5) Family allowance. (6) Wage claims. (7) General debts, including judgments not secured by a lien and all other debts not included in a prior class.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Burwell v. Burwell (California Court of Appeal 2013, 221 Cal. App. 4th 1)“…ng the priority of her debt vis-à-vis other creditors. (See Prob. Code, § 11420.) It was appropriate for the family cou…”
- Dobler v. Arluk Medical Center Industrial Group, Inc. (California Court of Appeal 2001, 107 Cal. Rptr. 2d 478)“…ify and pay those creditors that have priority claims under Probate Code § 11420 and then after all priority claims are…”
- Estate v. Joya (California Court of Appeal, 5th District 2018, 232 Cal. Rptr. 3d 129)“…does not make clear how Joya calculated this amount. Probate Code section 11420, subdivision (a) specifies the followin…”
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Code of the District of Columbia, Title 20: Probate and Administration of Decedents’ Estates. - Chapter 7: Administration of the Estate. - Subchapter VI: Claims by Personal Representatives and Attorneys.
§ 20-751Compensation.In force
Except as may otherwise be ordered by the Court for good cause shown in respect to a supervised personal representative or a special administrator, a personal representative is entitled to reasonable compensation for services. If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision either before or after qualifying and be entitled to reasonable compensation. A personal representative also may renounce the right to all or any part of the compensation. A written renunciation of fee may be filed with the Court.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at github.com
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2015
Opinions citing this section in our collection:
- Godette v. Estate of Cox (District of Columbia Court of Appeals 1991, 592 A.2d 1028)“…for compensation or obtaining court approval as required by D.C.Code § 20-751 (1989), see Super.Ct.Prob.…”
- Poe v. Noble (District of Columbia Court of Appeals 1987, 525 A.2d 190)“…b) (1981). Nonetheless, he subsequently filed, pursuant to D.C. Code §§ 20-751 (e) and -752 (1981), Exceptions to the…”
- In re Estate of Reuben E. Waugh, Jr. Gregory Waugh (District of Columbia Court of Appeals 2015, 123 A.3d 958)“…rsonal representative. See D.C. Code § 20-753 (a); see also D.C. Code §§ 20-751 and -752 (2001) (providing for compensa…”
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§ 20-753Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.In force
(a) On petition of any interested person (other than one who has consented after fair disclosure, and any person or entity claiming by or through such interested person) or on appropriate motion if administration is supervised, and after notice to all interested persons and hearing, the reasonableness of the need for or scope of employment of any person or entity employed by a personal representative including any attorney, auditor, investment advisor or other specialized agent or assistant, the reasonableness of the compensation of any person or entity so employed, or the reasonableness of the compensation claimed or taken by the personal representative for the personal representative’s own services, may be reviewed by the Court. Any person or entity who has received from an estate compensation for services rendered in excess of what the Court finds to be reasonable may be ordered to make appropriate refunds if such person or entity was given due notice of the petition and hearing, and the right to participate in such hearing.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at github.com
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2015
Opinions citing this section in our collection:
- In re Estate of Reuben E. Waugh, Jr. Gregory Waugh (District of Columbia Court of Appeals 2015, 123 A.3d 958)“…e administration, rather than by a separate petition under D.C. Code § 20-753 (2001). On appeal, we address a questi…”
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Florida Statutes
§ 733.617Compensation of personal representative.In force
(1) A personal representative shall be entitled to a commission payable from the estate assets without court order as compensation for ordinary services. The commission shall be based on the compensable value of the estate, which is the inventory value of the probate estate assets and the income earned by the estate during administration. (2) A commission computed on the compensable value of the estate is presumed to be reasonable compensation for a personal representative in formal administration as follows:(a) At the rate of 3 percent for the first $1 million. (b) At the rate of 2.5 percent for all above $1 million and not exceeding $5 million. (c) At the rate of 2 percent for all above $5 million and not exceeding $10 million. (d) At the rate of 1.5 percent for all above $10 million. (3) In addition to the previously described commission, a personal representative shall be allowed further compensation as is reasonable for any extraordinary services including, but not limited to:(a) The sale of real or personal property. (b) The conduct of litigation on behalf of or against the estate. (c) Involvement in proceedings for the adjustment or payment of any taxes.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 23 court opinions in our collectionLatest citing opinion in our collection: 2016
Opinions citing this section in our collection:
- In Re Estate of Platt (Supreme Court of Florida 1991, 16 Fla. L. Weekly Supp. 640)“…n of attorney's fees and personal representative fees under section 733.617, Florida Statutes (1987)." Id. at 1114 . We find c…”
- Bitterman v. Bitterman (District Court of Appeal of Florida 1996, 685 So. 2d 861)“…la. 4th DCA 1991). The first matter in dispute is whether section 733.617, Florida Statutes (1991), or section 733.6171(7), Florida…”
- In re Estate of Lane (District Court of Appeal of Florida 1990, 562 So. 2d 352)“…court determined, applying either the factors set forth in section 733.617, Florida Statutes (1987), or the criteria of Florida Pat…”
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§ 733.6171Compensation of attorney for the personal representative.In force
(1) Except as provided in paragraph (2)(d), attorneys for personal representatives are entitled to reasonable compensation payable from the estate assets without court order. (2)(a) The attorney, the personal representative, and persons bearing the impact of the compensation may agree to compensation determined in a different manner than provided in this section. Compensation may also be determined in a different manner than provided in this section if the manner is disclosed to the parties bearing the impact of the compensation and if no objection is made as provided for in the Florida Probate Rules. (b) An attorney representing a personal representative in an estate administration who intends to charge a fee based upon the schedule set forth in subsection (3) shall make the following disclosures in writing to the personal representative:1. There is not a mandatory statutory attorney fee for estate administration. 2. The attorney fee is not required to be based on the size of the estate, and the presumed reasonable fee provided in subsection (3) may not be appropriate in all estate administrations. 3.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2017
Opinions citing this section in our collection:
- Bitterman v. Bitterman (Supreme Court of Florida 1998, 714 So. 2d 356)“…czyk. Accordingly, the court determined that, pursuant to section 733.6171, Florida Statutes (1993), said fees are compensable from…”
- Sitomer v. First of Am. Bank-Central (District Court of Appeal of Florida 1996, 667 So. 2d 456)“…finding Mr. Sitomer's award reasonable compensation under section 733.6171, Florida Statutes (1993). Alvin Sitomer was the attorne…”
- Holley v. First Guaranty Bank & Trust Co. (District Court of Appeal of Florida 1997, 699 So. 2d 747)“…as an expert witness; (5) the probate court’s finding that section 733.6171, Florida Statutes (1995), applied retroactively to determ…”
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§ 733.6175Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.In force
(1) The court may review the propriety of the employment of any person employed by the personal representative and the reasonableness of any compensation paid to that person or to the personal representative. (2) Court proceedings to determine reasonable compensation of the personal representative or any person employed by the personal representative, if required, are a part of the estate administration process, and the costs, including attorneys’ fees, of the person assuming the burden of proof of propriety of the employment and reasonableness of the compensation shall be determined by the court and paid from the assets of the estate unless the court finds the requested compensation to be substantially unreasonable. The court shall direct from which part of the estate the compensation shall be paid. (3) The burden of proof of propriety of the employment and the reasonableness of the compensation shall be upon the personal representative and the person employed. Any person who is determined to have received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- Beck v. Beck (District Court of Appeal of Florida 1980, 383 So. 2d 268)“…r, Dawn's challenge to payment of that compensation invoked Section 733.6175, Florida Statutes (1977), which placed the burden of proo…”
- In Re Estate of Catapane (District Court of Appeal of Florida 2000, 759 So. 2d 9)“…See, e.g., §§ 733.609, 733.610, 733.619, Fla. Stat. Under section 733.6175, Florida Statutes, the code provides for proceedings to r…”
- Richardson v. Jones (District Court of Appeal of Florida 1987, 12 Fla. L. Weekly 1354)“…eived from Jones less the $2,650.29 allowed by the court. Section 733.6175, Florida Statutes (1985), provides that "Any person who i…”
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§ 733.707Order of payment of expenses and obligations.In force
(1) The personal representative shall pay the expenses of the administration and obligations of the decedent’s estate in the following order:(a) Class 1.—Costs, expenses of administration, and compensation of personal representatives and their attorneys fees and attorneys fees awarded under s. 733.106(3). (b) Class 2.—Reasonable funeral, interment, and grave marker expenses, whether paid by a guardian, the personal representative, or any other person, not to exceed the aggregate of $6,000. (c) Class 3.—Debts and taxes with preference under federal law, claims pursuant to ss. 409.9101 and 414.28, and claims in favor of the state for unpaid court costs, fees, or fines. (d) Class 4.—Reasonable and necessary medical and hospital expenses of the last 60 days of the last illness of the decedent, including compensation of persons attending the decedent. (e) Class 5.—Family allowance. (f) Class 6.—Arrearage from court-ordered child support. (g) Class 7.—Debts acquired after death by the continuation of the decedent’s business, in accordance with s. 733.612(22), but only to the extent of the assets of that business.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 20 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Estate of Grillo (District Court of Appeal of Florida 1981, 393 So. 2d 578)“…on to have the judgment considered a Class 1 priority under Section 733.707, Florida Statutes (1979). The personal representative obj…”
- Teague v. Estate of Hoskins (Supreme Court of Florida 1998, 709 So. 2d 1373)“…that Teague's attorney's fees were a Class 8 priority under section 733.707, Florida Statutes (1995). The district court affirmed and…”
- Thompson v. Hodson (District Court of Appeal of Florida 2002, 825 So. 2d 941)“…d costs represents a Class I claim against the estate under section 733.707, Florida Statutes (1993), and he is entitled to payment f…”
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Iowa Code, Chapter 633: PROBATE CODE
§ 633.197Compensation — schedule of fees.In force
1. Personal representatives shall be allowed such reasonable fees as may be determined by the court for services rendered, but not in excess of the following commissions upon the gross assets of the estate listed in the probate inventory, which shall be received as full compensation for all ordinary services: a. For the first one thousand dollars, six percent. b. For the overplus between one and five thousand dollars, four percent. c. For all sums over five thousand dollars, two percent. 2. For purposes of this section, the gross assets of the estate shall not include life insurance proceeds, unless payable to the decedent’s estate.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
Cited in 47 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Committee on Professional Ethics & Conduct of the Iowa State Bar Ass'n v. Jackson (Supreme Court of Iowa 1992, 492 N.W.2d 430)“…esented. II. Early probate fee payment. Iowa Code sections 633.197 and 633.198 (1991) allow compensation f…”
- Iowa Supreme Court Attorney Disciplinary Board v. Kristy Boyer Arzberger (Supreme Court of Iowa 2016, 887 N.W.2d 353)“…of any amount over $5000 of the value of the estate. See Iowa Code §§ 633.197 , .198. Thus, there could be ethical is…”
- Matter of Estate of Mabie (Supreme Court of Iowa 1987, 401 N.W.2d 29)“…The award of attorney fees in probate cases is governed by Iowa Code sections 633.197 to 633.199. Under the statutory schedul…”
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§ 633.198Attorney fee.In force
There shall also be allowed and taxed as part of the costs of administration of estates as an attorney fee for the personal representative’s attorney, such reasonable fee as may be determined by the court, for services rendered, but not in excess of the schedule of fees provided in this part for personal representatives.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
Cited in 18 court opinions in our collectionLatest citing opinion in our collection: 2016
Opinions citing this section in our collection:
- Iowa Supreme Court Attorney Disciplinary Board v. Verla Jean Bartley (Supreme Court of Iowa 2015)“…th the Shepherd estate. She was charged with violations of Iowa Code section 633.198 (2013) (court determination of probate…”
- Iowa Supreme Court Attorney Disciplinary Board v. Kristy Boyer Arzberger (Supreme Court of Iowa 2016)“…of the remaining estate.” This statement did not track with Iowa Code section 633.198 (2011), which does not set ordinary f…”
- Gene Uhlenhake, Robert Uhlenhake and Kristine McCormack, Beneficiaries of the Estate of Mildred Uhlenhake, and Robert Uhlenhake, as Co-Executor of the Estate of Mildred Uhlenhake v. Roger Uhlenhake and Bonita Ehler, as Co-Executors and Beneficiaries of the Estate of Mildred Uhlenhake, and Richard Uhlenhake, Beneficiary of the Estate of Mildred Uhlenhake (Court of Appeals of Iowa 2014)“…14 N.W.2d at 223-24 (citation omitted). The court noted Iowa Code section 633.198 allows an attorney for the personal re…”
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§ 633.199Expenses and extraordinary services.In force
Such further allowances as are just and reasonable may be made by the court to personal representatives and their attorneys for actual necessary and extraordinary expenses and services. Necessary and extraordinary services shall be construed to include but not be limited to services in connection with real estate, tax issues, disputed matters, nonprobate assets, reopening the estate, location of unknown and lost heirs and beneficiaries, and management and disposition of unusual assets. Relevant factors to be considered in determining the value of such services shall include but not be limited to the following: 1. Time necessarily spent by the personal representatives and their attorneys. 2. Nature of the matters or issues and the extent of the services provided. 3. Complexity of the issues and the importance of the issues to the estate. 4. Responsibilities assumed. 5. Resolution. 6. Experience and expertise of the personal representatives and their attorneys.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
Cited in 18 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- In the Matter of the Estate of Loren S. Bockwoldt, Dale Richard Willows, Conservator for Brandie Renee Bockwoldt, Minor Child of the Decedent v. The Estate of Loren S. Bockwoldt (Supreme Court of Iowa 2012, 814 N.W.2d 215)“…ssary and extraordinary services to the estate pursuant to Iowa Code section 633.199 (2005). Dale Richard Willows, the cons…”
- Herdliska v. Estate of Roggentien (Court of Appeals of Iowa 1989, 445 N.W.2d 388)“…ions for extraordinary fees did not meet the requirement of Iowa Code section 633.199 (1987) and Iowa Rule of Probate Procedu…”
- Iowa Supreme Court Attorney Disciplinary Board v. Kristy Boyer Arzberger (Supreme Court of Iowa 2016, 887 N.W.2d 353)“…was filed with the district court. As a result, contrary to Iowa Code section 633.199 and Iowa Court Rule 7.2(3), no district…”
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Kentucky Revised Statutes, Chapter 395: PERSONAL REPRESENTATIVES
§ 395.150Compensation of representativesIn force
(1) The compensation of an executor, administrator or curator, for services as such, shall not exceed five percent (5%) of the value of the personal estate of the decedent, plus five percent (5%) of the income collected by the executor, administrator or curator for the estate. (2) Upon proof submitted showing that an executor, administrator or curator has performed additional services in the administration of the decedent's estate, the court may allow to the executor, administrator or curator such additional compensation as would be fair and reasonable for the additional services rendered, if the additional services were: (a) Unusual or extraordinary and not normally incident to the administration of a decedent's estate; or (b) Performed in connection with real estate or with estate and inheritance taxes claimed against property that is not a part of the decedent's estate but is included in the decedent's estate for the purpose of asserting such taxes.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- Kentucky Bar Ass'n v. Greene (Kentucky Supreme Court 2012, 386 S.W.3d 717)“…cent of the income he collects. Notwithstanding this limit, KRS 395.150(2)(a) provides that “Upon proof submitt…”
- Hale v. Moore (Court of Appeals of Kentucky 2008, 289 S.W.3d 567)“…ed she did not seek district court approval, as required by KRS 395.150, before billing for "additional fees" a…”
- Panke v. Louisville Trust Co., Etc. (Court of Appeals of Kentucky (pre-1976) 1946, 303 Ky. 579)“…d at the time and now (Section 3883, Kentucky Statutes, now KRS 395.150) and *581 $5,000 which t…”
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Maryland Code, Estates and Trusts Article
§ 7-601In force
§7–601. (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. (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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
§ 7-602In force
§7–602. (a) An attorney is entitled to reasonable compensation for legal services rendered by the attorney to the estate or the personal representative or both. (b) (1) On the filing of a petition in reasonable detail by the personal representative or the attorney, the court may allow a counsel fee to an attorney employed by the personal representative for legal services. (2) The compensation shall be fair and reasonable in the light of all the circumstances to be considered in fixing the fee of an attorney. (c) If the court shall allow a counsel fee to one or more attorneys, it shall take into consideration in making its determination what would be a fair and reasonable total charge for the cost of administering the estate under this article, and it shall not allow aggregate compensation in excess of that figure.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Revised Statutes of Missouri, Title XXXI (TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY), Chapter 473
§ 473.153Compensation of personal representatives, accountants and attorneys.In force
1. If a testator by will makes provision for the compensation of his personal representative, that shall be allowed and taken as his full compensation unless he files in the court a written instrument renouncing all claim for the compensation provided by the will before qualifying as personal representative. When no compensation is provided in the will, or when there is no will, or when the personal representative renounces all claim to the compensation provided in the will, the compensation of the personal representative shall be determined pursuant to this section. When there is only one personal representative he shall be allowed as the minimum compensation for his services the following percentages of the value of the personal property administered and of the proceeds of all real property sold under order of the probate court: 2. When there are two or more joint or successor personal representatives they shall be allowed in the aggregate reasonable compensation for their services, not exceeding twice the minimum provided for in the schedule set forth in subsection 1 of this section or five percent of the value of the personal property administered and of the proceeds of…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 1996
Opinions citing this section in our collection:
- First National Bank of Kansas City v. Danforth (Supreme Court of Missouri 1975, 523 S.W.2d 808)“…court should fix the fee at no less than that authorized by Section 473.153, RSMo 1969, V.A.M.S., for fees for executors…”
- Houston v. Zaner (Missouri Court of Appeals 1984, 683 S.W.2d 277)“…ees pursuant to the decedent’s estate fee schedule found in § 473.153, RSMo 1980, and arrived at fees of $6,346.63…”
- In re Griffey (Supreme Court of Missouri 1994, 873 S.W.2d 600)“…ject to approval of the probate division of circuit court. § 473.153, RSMo 1986.…”
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Montana Code Annotated, Title 72
§ 72-3-631Compensation Of Personal RepresentativeIn force
72-3-631. Compensation of personal representative. (1) A personal representative is entitled to reasonable compensation for services. (2) If the will provides for the compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to compensation under the terms of this section. A personal representative also may renounce the right to all or any part of the compensation. A written renunciation of fee may be filed with the court.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- In Matter of Estate of Magelssen (Montana Supreme Court 1979, 182 Mont. 372)“…o n 91A-3-719, R.C.M. 1947, now s e c t i o n 72-3-631 MCA. W e f i n d no p u b l i c…”
- In Re the Estate of Barber (Montana Supreme Court 1989, 239 Mont. 129)“…owed by the court was well within the limits prescribed in S 72-3-631, MCA, and that the compensation of the attor…”
- Estate of Damjanovich (Montana Supreme Court 2025, 2025 MT 259)“…New International Dictionary, Unabridged (2021). 11 See § 72-3-631, MCA (“[a] personal representative is entitl…”
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§ 72-3-633RepealedIn force
72-3-633. Repealed. Sec. 105, Ch. 313, L. 2019.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2004
Opinions citing this section in our collection:
- In Matter of Estate of Magelssen (Montana Supreme Court 1979, 182 Mont. 372)“…of an attorney. Section 91A-3-720, R.C.M. 1947, now section 72-3-633 MCA, entitled "Compensation of Attorney" me…”
- Matter of Estate of Stone (Montana Supreme Court 1989, 236 Mont. 1)“…nd directs that in any case the fee shall he "reasonable." Section 72-3-633, MCA, states that the fee for an attorney en…”
- In Re the Estate of Barber (Montana Supreme Court 1989, 239 Mont. 129)“…the attorney so approved, was within the limits set out in 5 72-3-633, MCA. The part payment of those fees on Dece…”
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§ 72-3-634Proceedings For Review Of Employment Of Agents And Compensation Of Personal Representatives And EmployeesIn force
72-3-634. Proceedings for review of employment of agents and compensation of personal representatives and employees. (1) Upon the filing of a motion for settlement of fees by the court filed by an interested person, the personal representative, or the person employed by the personal representative and after notice to all interested persons, the propriety of employment of any person by a personal representative, including any attorney, auditor, investment adviser, or other specialized agent or assistant, the reasonableness of the compensation of any person employed, or the reasonableness of the compensation determined by the personal representative for the personal representative's own services must be reviewed and determined by the court. (2) In a dispute concerning fees, the court shall set the fee. (3) A person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2017
Opinions citing this section in our collection:
- In Matter of Estate of Magelssen (Montana Supreme Court 1979, 182 Mont. 372)“…i o n 91A-3-722, R.C.M. 1947, now s e c t i o n 72-3-634 MCA, f o r r e v i e w of compensation owed…”
- Estate of Miles v. Miles (Montana Supreme Court 2000, 298 Mont. 312)“…the will. In making this determination, the court relied on § 72-3-634, MCA, which gives any "interested person" th…”
- Matter of Estate of Stone (Montana Supreme Court 1989, 236 Mont. 1)“…" attorney's fee for actions maintained in good faith. Section 72-3-634, MCA, allows any person with an interest in…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Utah Code, Title 75: Utah Uniform Probate Code
§ 75-3-718Compensation of personal representative and attorney.In force
(1) A personal representative and an attorney are entitled to reasonable compensation for their services. If a petition is filed which either directly or indirectly seeks approval of the personal representative's compensation or the attorney's compensation and if no objection is filed by an interested person to the compensation requested, reasonable compensation shall be the compensation sought in the petition. When an interested person objects to the personal representative's compensation, the court shall determine reasonable compensation for the personal representative based on the quality, quantity, and value of the services rendered to the estate and the circumstances under which those services were rendered, including the practice for other fiduciaries who are in similar circumstances to the personal representative in question. When an interested person objects to the attorney's compensation, the court shall determine reasonable compensation for the attorney.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Matter of Discipline of Babilis (Utah Supreme Court 1997, 332 Utah Adv. Rep. 8)“…orney for the personal representative of the estate. See Utah Code Ann. § 75-3-718 ; Utah Code J. Admin. Rule 6-501. Dur…”
- Matter of Estate of Quinn (Court of Appeals of Utah 1992, 183 Utah Adv. Rep. 59)“…0). In the instant case, they are statutorily permissible: Utah Code Ann. § 75-3-718 *285 (Supp.1991) allows recovery of…”
- Mitchell v. Wood (Court of Appeals of Utah 1996, 290 Utah Adv. Rep. 21)“…1900 in claimed personal representative fees pursuant to Utah Code Ann. § 75-3-718 (1) (1993). Wood stated in her Memorand…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 75-3-720Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.In force
After notice to all interested persons, on petition of an interested person or on appropriate motion if administration is supervised, the propriety of employment of any person by a personal representative, including any attorney, auditor, investment advisor, or other specialized agent or assistant, the reasonableness of the compensation of any person so employed, or the reasonableness of the compensation determined by the personal representative for the personal representative's own services, may be reviewed by the court. Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Code of Federal Regulations Title 26
§ 20.2053-3Deduction for expenses of administering estate.In force
(a) In general. The amounts deductible from a decedent's gross estate as “administration expenses” of the first category (see paragraphs (a) and (c) of § 20.2053-1) are limited to such expenses as are actually and necessarily, incurred in the administration of the decedent's estate; that is, in the collection of assets, payment of debts, and distribution of property to the persons entitled to it. The expenses contemplated in the law are such only as attend the settlement of an estate and the transfer of the property of the estate to individual beneficiaries or to a trustee, whether the trustee is the executor or some other person. Expenditures not essential to the proper settlement of the estate, but incurred for the individual benefit of the heirs, legatees, or devisees, may not be taken as deductions. Administration expenses include (1) executor's commissions; (2) attorney's fees; and (3) miscellaneous expenses. Each of these classes is considered separately in paragraphs (b) through (d) of this section. (b) Executor's commissions.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Cited in 28 court opinions in our collectionLatest citing opinion in our collection: 2013
Opinions citing this section in our collection:
- Mosells Silvey Pitner v. United States (Court of Appeals for the Fifth Circuit 1967, 388 F.2d 651)“…e the term “administrative expenses”, but the Regulations, 26 C.F.R. § 20.2053-3 (a), provide: The amounts deduct…”
- Commissioner v. Estate of Hubert (Supreme Court of the United States 1997, 520 U.S. 93)“…e individual benefit of the heirs, legatees, or devisees.” 26 CFR § 20.2053-3 (a) (1996). The former are “administrat…”
- Estate of Ruby Miller Whittle, Deceased, Citizens National Bank of Decatur, Trustee v. Commissioner of Internal Revenue (Court of Appeals for the Seventh Circuit 1993, 994 F.2d 379)“…d distribution of property to the persons entitled to it.” 26 C.F.R. § 20.2053-3 (a). Those expenses are categorized in…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Fla. Stat. § 733.707, Order of payment of expenses and obligations(leg.state.fl.us).gov
- Cal. Prob. Code § 10800, Compensation of personal representative(leginfo.legislature.ca.gov).gov
- Cal. Prob. Code § 10810, Compensation of attorney for personal representative(leginfo.legislature.ca.gov).gov
- Fla. Stat. § 733.6171, Compensation of attorney for the personal representative(leg.state.fl.us).gov
- Mo. Rev. Stat. § 473.153, Compensation of personal representatives and attorneys(revisor.mo.gov).gov
- Md. Code, Estates and Trusts § 7-601, Personal representative commissions(mgaleg.maryland.gov).gov
- Iowa Code § 633.197, Compensation: schedule of fees(legis.iowa.gov).gov
- Ky. Rev. Stat. § 395.150, Compensation of representatives(apps.legislature.ky.gov).gov
- IRS Publication 559, Survivors, Executors, and Administrators(irs.gov).gov
- 26 C.F.R. § 20.2053-3, Deduction for expenses of administering estate(ecfr.gov).gov
- N.Y. Surrogate's Court Procedure Act § 2307, Commissions of fiduciaries other than trustees(nysenate.gov).gov
- Wyoming Statutes Title 2 (§§ 2-7-803 to 2-7-805, fees of personal representative and attorney)(wyoleg.gov).gov
- Okla. Stat. tit. 58, § 527, Commissions and fees(oscn.net).gov
- Cal. Prob. Code § 10802, Will provision for personal representative compensation(leginfo.legislature.ca.gov).gov
- Cal. Prob. Code § 10812, Will provision for attorney compensation(leginfo.legislature.ca.gov).gov
- Cal. Prob. Code § 10803, Agreement for higher compensation void(leginfo.legislature.ca.gov).gov
- Cal. Prob. Code § 10813, Agreement for higher attorney compensation void(leginfo.legislature.ca.gov).gov
- Cal. Prob. Code § 10801, Additional compensation for extraordinary services(leginfo.legislature.ca.gov).gov
- Cal. Prob. Code § 10811, Extraordinary services by attorney(leginfo.legislature.ca.gov).gov
- Cal. Prob. Code § 10804, Personal representative who is an attorney(leginfo.legislature.ca.gov).gov
- Cal. Prob. Code § 10830, Allowance on account of compensation(leginfo.legislature.ca.gov).gov
- Cal. Prob. Code § 10831, Final compensation(leginfo.legislature.ca.gov).gov
- Fla. Stat. § 733.617, Personal representatives' compensation(leg.state.fl.us).gov
- N.Y. Surrogate's Court Procedure Act § 2110, Compensation of attorneys(nysenate.gov).gov
- N.Y. Surrogate's Court Procedure Act § 2307-a, Information to testator; attorney-executor(nysenate.gov).gov
- Md. Code, Estates and Trusts § 7-602, Counsel fees(mgaleg.maryland.gov).gov
- Iowa Code § 633.198, Attorney fee(legis.iowa.gov).gov
- Iowa Code § 633.199, Expenses and extraordinary services(legis.iowa.gov).gov
- Mont. Code Ann. § 72-3-631, Compensation of personal representative(mca.legmt.gov).gov
- D.C. Code § 20-751, Compensation of personal representative(code.dccouncil.gov).gov
- Haw. Rev. Stat. § 560:3-719, Compensation of personal representative(capitol.hawaii.gov).gov
- N.D. Cent. Code ch. 30.1-18 (§§ 30.1-18-19, 30.1-18-21)(ndlegis.gov).gov
- Utah Code § 75-3-718, Compensation of personal representative and attorney(le.utah.gov).gov
- Mont. Code Ann. § 72-3-633 (repealed 2019)(mca.legmt.gov).gov
- D.C. Code § 20-753, Review of compensation(code.dccouncil.gov).gov
- Cal. Prob. Code § 11420, Priority of debts(leginfo.legislature.ca.gov).gov
- Cal. Prob. Code § 1043, Response or objection(leginfo.legislature.ca.gov).gov
- Fla. Stat. § 733.6175, Proceedings for review of employment of agents and compensation(leg.state.fl.us).gov
- Haw. Rev. Stat. § 560:3-721, Proceedings for review of compensation(capitol.hawaii.gov).gov
- Utah Code § 75-3-720, Proceedings for review of employment of agents and compensation(le.utah.gov).gov
- Mont. Code Ann. § 72-3-634, Review of employment of agents and compensation(mca.legmt.gov).gov
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