Reasonable Compensation as PR

[Rogermae]

What is the name of your state (only U.S. law)? DC

I just realized that I could be compensated for my services as PR.

DC law states "There is no set rate of compensation for a personal representative in the District of Columbia. For estates of decedents dying on or after July 1, 1995, the standard is "reasonable" compensation. For estates of decedent’s dying before July 1, 1995, Superior Court Probate Division Rule 125 set a guideline of 4.5 to 8% of the assets and income of the estate for the combined fee of the personal representative and the attorney for the personal representative."

The decedent died in 2009 and the estate is unsupervised. Could the the heirs question and ask the court to make a decision on the reasonableness of asking for 4.5-8% of the assets from the estate.

Also is adding the following statement "Personal Representative fees of __% shall be paid out of the principal of the residuary estate" to the monthly expense reports sufficient notice.

 

[anteater]

The decedent died in 2009 and the estate is unsupervised. Could the the heirs question and ask the court to make a decision on the reasonableness of asking for 4.5-8% of the assets from the estate.

I am sure that they could. No experience in what would be considered reasonable in DC, but FWIW, I would consider 4.5% as pretty generous unless it is a small estate (say, less than $100,000) or it was a complex estate entailing efforts above and beyond on the part of the PR.

Also is adding the following statement "Personal Representative fees of __% shall be paid out of the principal of the residuary estate" to the monthly expense reports sufficient notice.

It may be notice, but I would not bet on it implying consent. You will have to include the compensation in your final account anyway.

§ 20-735.

(a) Unless otherwise ordered by the Court for good cause shown in a particular matter, the personal representative in an unsupervised administration shall close the estate by filing with the Court a Certificate of Completion, which shall be verified and in a form prescribed by the Court. Such Certificate may be filed at any time, but in no event prior to the expiration of the time for filing creditors' claims against the estate.


(b) The Certificate of Completion shall include a statement that:

(1) the time for the presentation of creditors' claims has expired;

(2) all interested persons have been sent a copy of an account and a notice of each one's right to object within 60 days after such account was sent, and that all claims of that interested person against the personal representative shall be barred unless such an objection is made;

(3) either each interested person has consented in writing to the account as stated, or there was no written objection within the 60-day period described above;....

 

[Rogermae]

Thank you. There is no money in the estate until after the house is sold. I've used my money to pay for all expenses related to closing the estate. These service fees are separate from the reimbursement for expenses correct?

 

[anteater]

Thank you. There is no money in the estate until after the house is sold. I've used my money to pay for all expenses related to closing the estate. These service fees are separate from the reimbursement for expenses correct?

Yes, they are, in essence repayment of "loans" that you made to the estate.