53-6-60. Amount.

1. (1)

   As used in this subsection, the terms “beneficiary” and “heir” shall apply as set forth in Code Section 53-7-68.#

2. (2)

   A personal representative shall be compensated as specified in either a written agreement entered into by the decedent and the personal representative prior to the decedent’s death or a written agreement signed by all the beneficiaries of a testate estate affected by the personal representative’s compensation or by all the heirs of an intestate estate. In the absence of such a written agreement, a personal representative shall be compensated as specified in the will. 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.#

3. (3)

   If a beneficiary of a testate estate or an heir of an intestate estate is not sui juris, the duly acting guardian or conservator of such heir or beneficiary shall be authorized to sign an agreement specifying the compensation of the personal representative.#

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. (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. (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. (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. (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.#

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.#

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.#

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, that 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.#

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.#

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.#