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How Are Personal Representative Fees Calculated in Maryland?

Maryland law allows personal representatives to receive a commission of 9% on the first $20,000 of the gross estate, and 3.6% on any amount above that. These fees are considered income and may be subject to tax. The Orphans' Court can approve a higher or lower fee depending on circumstances.

Frequently Asked Questions

What is a personal representative?
A personal representative (PR) is the individual appointed by the court to administer a deceased person’s estate.
Are commissions always taxed?
Yes, they are generally treated as income and subject to federal income tax. You should consult a tax professional for exact figures.
Can the PR waive their commission?
Yes. Many PRs waive their commission—especially if they are also a family member or beneficiary of the estate.
Can the court approve a different amount?
Yes. The Orphans' Court may approve a different commission if requested and justified—higher or lower than the statutory amount.

Maryland PR Commission Calculator

Use this tool to estimate the commission a personal representative is entitled to under Maryland law (Estates & Trusts § 7-601).

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The information provided herein is intended as a general overview and discussion of the subjects dealt with, and we accept no responsibility for any actions taken or not taken based on this publication. It is not intended, and should not be used, as a substitute for taking legal advice in any specific situation.