- 22 -
* * * to the extent that all three of the following
conditions are satisfied:
(i) The district director is reasonably satisfied
that the commissions claimed will be paid;
(ii) The amount claimed as a deduction is within
the amount allowable by the laws of the jurisdiction in
which the estate is being administered; and
(iii) It is in accordance with the usually ac-
cepted practice in the jurisdiction to allow such an
amount in estates of similar size and character.
In support of its position that it is entitled to deduct
under section 2053(b) executors’ fees totaling $16,875, the
estate relies in part on Md. Code Ann., Est. & Trusts, sec. 7-
601(b) (1998 Supp.) (Md. Code Ann., Est. & Trusts, sec. 7-
601(b)). That section prescribes the maximum compensation
payable to a personal representative of an estate as follows:
(b) Computation of compensation.--Unless the will
provides a larger measure of compensation, upon peti-
tion filed in reasonable detail by the personal repre-
sentative * * * the court may allow the commissions it
considers appropriate. The commissions may not exceed
those computed in accordance with the table in this
subsection.
If the property subject to The commission may
administration is: not exceed:
Not over $20,000 ................. 9%
Over $20,000 ........ $1,800 plus 3.6% of the
excess over $20,000
According to the estate, the maximum compensation, deter-
mined pursuant to Md. Code Ann., Est. & Trusts, sec. 7-601(b), of
Mr. Grant and Ms. Adams, the personal representatives of dece-
Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 NextLast modified: May 25, 2011