(For Effective Date, See note.) Extra Compensation

1. Law
2. Georgia Code
3. Wills, Trusts, and Administration of Estates
4. Administrators and Personal Representatives
5. Compensation
6. (For Effective Date, See note.) Extra Compensation

1. A personal representative may petition the probate court for compensation that is greater than that allowed under Code Section 53-6-60. Service of notice of the petition for extra compensation shall be made on all the heirs of an intestate decedent or on any affected beneficiaries under the will of a testate decedent. Service of notice shall be made in the manner provided by Chapter 11 of this title and shall direct the parties served to file any written objections to the extra compensation with the probate court within 30 days.
2. After hearing any objection filed by the heirs or beneficiaries of the estate, the probate court shall allow such extra compensation as the court deems reasonable; provided, however, that if no such objection is filed or any such objection is dismissed or withdrawn, the court, in its discretion, may enter an order allowing such extra compensation as the court deems reasonable without a hearing. The allowance of extra compensation shall be conclusive as to all parties in interest.
3. If the amount of compensation that is specified in a testator's will is less than the amount allowed under Code Section 53-6-60, the personal representative may petition for greater compensation in the manner provided in subsection (a) of this Code section.

(Code 1981, §53-6-62, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 18; Ga. L. 2020, p. 377, § 1-35/HB 865.)

Law reviews.

- For article on the problems and benefits of multiple fiduciaries in estate planning, see 33 Mercer L. Rev. 355 (1981). For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).

COMMENT

This section replaces former OCGA Sec. 53-6-150. This section gives the probate court discretion to award extra compensation where reasonable. Heirs of an intestate decedent or beneficiaries under the will of a testate decedent are served with the petition for extra compensation and have the right to file any objections. The court, after hearing any objections, has the discretion to allow any extra compensation the court deems reasonable. The allowance of extra compensation is then conclusive upon all parties in interest to the estate. In allowing extra compensation, factors that may be considered include whether the estate administration involved unusually greater time or effort, whether the personal representative had responsibilities with respect to assets that were not subject to the jurisdiction of the probate court, whether the estate involved significant tax issues, whether the personal representative also performed legal services for the estate, and whether the personal representative continued or liquidated a business enterprise of the estate. Subsection (c) clarifies that greater compensation may be requested even in those cases in which an amount is specified in the will, unless that amount is equal to the statutory fee that is described in Code Sec. 53-6-60.

JUDICIAL DECISIONS

Additional compensation upheld.

- Estate distribution plan providing for $50,000 in extra compensation to the estate administrator was upheld as the challenging sibling did not show that the payment varied the terms of the will, which was not in the record, and the administrator was permitted to petition the probate court for such additional compensation. After hearing any objections, the probate court allowed such extra compensation as the court deemed reasonable in consideration of the years of contentious litigation that was involved. In re Estate of Nesbit, 299 Ga. App. 496, 682 S.E.2d 641 (2009).

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