- 25 -
of the Orphans’ Court is “dispositive of the issue of the deduct-
ibility of personal representative’s commissions.” The exercise
of the discretion of the Orphans’ Court of Maryland to determine
the amount of commissions allowable to a personal representative
is limited by Maryland statutes to the amounts prescribed in such
statutes. Am. Jewish Joint Distrib. Comm. v. Eisenberg, 70 A.2d
40, 41 (Md. 1949); Cearfoss v. Snyder, 35 A.2d 235, 237 (Md.
1943).
Section 7-601(b), Md. Code Ann., Est. & Trusts, prescribes
the computation of the compensation allowable to the 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
Thus, under Md. Code Ann., Est. & Trusts, sec. 7-601(b), the
maximum compensation to which the personal representative of an
estate is entitled in order to compensate such representative for
all of the ordinary work of administering an estate subject to
administration, see Lehman v. Kairys, 142 A.2d 546, 548 (Md.
1958); Talbert v. Reeves, 127 A.2d 533, 538 (Md. 1956), is
Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NextLast modified: May 25, 2011