# Estates and Trusts (GET)

## Title 7. Administration of the Estate

### Subtitle 6. Compensation and Expenses

#### Section 7-601

(a)

  (1) A personal representative or special administrator is entitled to reasonable compensation for services.

  (2) If a will provides a stated compensation for the personal representative, additional compensation shall be allowed if the provision is insufficient in the judgment of the court.

  (3) The personal representative or special administrator may renounce at any time all or a part of the right to compensation.

(b)

  (1) Unless the will provides a larger measure of compensation, on petition filed in reasonable detail by the personal representative or special administrator the court may allow the commissions it considers appropriate.

  (2) The commissions authorized under paragraph (1) of this subsection may not exceed those computed in accordance with the following table:

  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

(c) Within 30 days a personal representative, special administrator, or unsuccessful exceptant may appeal the allowance to the circuit court, which shall determine the adequacy of the commissions and increase, but not in excess of the commissions computed in accordance with the table in subsection (b)(2) of this section, or decrease them.

(d) If the personal representative retains the services of a licensed real estate broker to aid in the sale of real property, the commissions paid to the real estate broker are an expense of administration and may not be deducted from the commissions allowed by the court to the personal representative in accordance with subsection (a) of this section.

#### Section 7-602

(a) An attorney is entitled to reasonable compensation for legal services rendered by the attorney to the estate or the personal representative or both.

(b)

  (1) On the filing of a petition in reasonable detail by the personal representative or the attorney, the court may allow a counsel fee to an attorney employed by the personal representative for legal services.

  (2) The compensation shall be fair and reasonable in the light of all the circumstances to be considered in fixing the fee of an attorney.

(c) If the court shall allow a counsel fee to one or more attorneys, it shall take into consideration in making its determination what would be a fair and reasonable total charge for the cost of administering the estate under this article, and it shall not allow aggregate compensation in excess of that figure.

#### Section 7-603

(a) A personal representative or person nominated as personal representative who defends or prosecutes a proceeding in good faith and with just cause shall be entitled to receive necessary expenses and disbursements from the estate regardless of the outcome of the proceeding.

(b)

  (1) Subject to paragraph (2) of this subsection, in addition to the compensation provided for in this subtitle, a personal representative is entitled to reasonable commissions or attorney's fees, as determined by the court, in connection with an election by a surviving spouse to take an elective share under Sec. 3-403 of this article.

  (2) The amount of compensation or attorney's fees consented to by all interested persons is presumed to be reasonable.

#### Section 7-604

(a) The personal representative may pay commissions to personal representatives under Sec. 7-601 of this subtitle, and attorney's fees under Sec. 7-602 of this subtitle without court approval if:

  (1)

    (i) Each creditor, who has filed a claim that is still open, and all interested persons consent in writing to the payment;

    (ii) The combined sum of the payments of commissions and attorney's fees does not exceed the amounts provided in Sec. 7-601 of this subtitle;

    (iii) The signed written consent form states the amounts of the payments and is filed with the register of wills; and

    (iv) Unless the consent form is filed simultaneously with the final administration account or final report under a modified administration, each payment consented to is for services rendered by the attorney or personal representative prior to the date of the consent; or

  (2)

    (i) The fee is paid to an attorney representing the estate in litigation under a contingency fee agreement signed by the decedent or the current personal representative of the decedent's estate;

    (ii) The fee does not exceed the terms of the contingency fee agreement;

    (iii) A copy of the contingency fee agreement is on file with the register of wills; and

    (iv) The attorney files a statement with each account stating that the scope of the representation by the attorney does not extend to the administration of the estate.

(b) When rendering accounts, the personal representative shall designate any payment made under this section as an expense.

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Md. Code Ann., Est. & Trusts (as displayed at mgaleg.maryland.gov, October 16, 2026)