Compensation for Personal Representatives
The Last Will and Testament of a decedent will generally nominate someone to serve as the personal representative. The personal representative is responsible for addressing certain issues and following various procedures under the supervision of the Court in order to distribute the decedent’s assets in accordance with his or her wishes. If the decedent died without a will, the Court will appoint an administrator whose duties are essentially the same as the personal representative.
A personal representative must be allowed all necessary expenses in the administration and settlement of the estate. He or she is also entitled to fees for services as provided by law, but if the decedent by will makes some other provision for the compensation of the personal representative, this shall be deemed as full compensation for those services. When the will does not provide for a specific compensation, the compensation for serving as the personal representative/administrator of an estate are set by the statute as a percentage of the value of the estate as follows: 4 percent for the first $15,000 ($600); 3 percent of the next $85,000 ($2,550); and 2 percent for all amounts above $100,000.
In addition, a Personal representative/Administrator may be entitled to compensation for certain “extraordinary services” over and above the statutory percentage. Such further allowances may be made as the court deems just and reasonable for any extraordinary services, such as: (1) management, sales or mortgages of real or personal property; (2) contested or litigated claims against the estate; (3) the adjustment and payments of extensive or complicated estate taxes; (4) litigation in regard to the property of the estate; (5) the carrying on of the decedent’s business pursuant to an order of the court; and, (6) other litigation or special services as may be necessary for the personal representative to prosecute, defend or perform.
The probate process is fraught with many complexities and the right attorney can make all the difference in the world to reduce the stress associated with this difficult time. You likely have many questions about Nevada probate and a qualified attorney can be of great assistance to a personal representative or administrator in the completion of their duties.
For more than 30 years, Attorney Lee A. Drizin has practiced in the areas of estate planning, probate, trusts, guardianship and real estate matters representing clients throughout the state of Nevada.
Drizin Law is providing this information for educational purposes only. It should not be construed as legal advice or a legal opinion as to any specific facts or circumstances. This information is based on general principles of Nevada law at the time it was created and you should be aware laws frequently change. Moreover, the laws affecting you may differ depending on the circumstances. You should consult with a qualified attorney in your own state or jurisdiction concerning your particular situation. Review of this information does not create an attorney-client relationship.
