Can a Personal Representative Seek a Commission on Estate Assets and Sale Proceeds in Nebraska?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article provides general legal information only. It is not legal advice.

Commission on Estate Assets

Under Nebraska law, a personal representative (also called an executor or administrator) may seek a commission based on the gross value of estate assets. Neb. Rev. Stat. § 30-24,607 authorizes the court to approve reasonable compensation. The court weighs factors such as estate size, complexity of assets, time devoted, and risk undertaken. Neb. Rev. Stat. § 30-24,607.

Commission on Sale Proceeds

When a personal representative sells estate property—real or personal—they may request a commission on the sale proceeds. Neb. Rev. Stat. § 30-24,606 allows a commission to cover tasks like marketing, negotiating, and closing the sale. Neb. Rev. Stat. § 30-24,606.

Court Approval and Reasonableness

To seek a commission, the personal representative must file a fee application or include the requested amount in the final accounting. The probate court reviews local court rules and considers:

  • The estate’s total value and complexity.
  • The time and effort required for administration and sales.
  • Risk and liability assumed by the representative.
  • Customary commission rates in that county.

If beneficiaries object to the proposed commission, the court holds a hearing and issues a final order approving, reducing, or denying the request. If the decedent’s will waives or specifies compensation, the court generally enforces those terms.

Helpful Hints

  • Review Neb. Rev. Stat. § 30-24,607 and § 30-24,606 before requesting any commissions.
  • Keep detailed logs of time spent, tasks performed, and expenses incurred.
  • Check your local probate court’s fee schedules for customary commission percentages.
  • Include your commission request in the final accounting or file a separate fee application per court rules.
  • Discuss your proposed commission with beneficiaries in advance to reduce objections and delays.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.