May Personal Representative of Estate Charge Commission on Sale of Home?
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Question:
Is an independent administrator entitled to a 5% commission fee on the sale of a home when there was a real estate commission fee of 6% paid during the administration of the estate.
Response:
It’s hard to answer that question because standards vary around the country, but it does seem unusual for a probate administrator to charge a commission on the sale of real estate if that is on top of their compensation for serving in their role. Some states have statutory fees for serving as personal representative or administrator of an estate. When attorneys serve in this role, they often charge their standard hourly rates for their work, sometimes with an additional charge for the liability they are taking on for the role. Ultimately, all fees must be approved by the probate court, usually by listing them on the final account.
A local probate attorney could advise you on what is standard in your state.
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