Detailed Answer
In South Carolina, a personal representative (formerly executor or administrator) may receive statutory commissions on the value of estate assets and on sale proceeds. The Probate Code sets a tiered schedule for compensation. By default, a representative earns:
- 5% of the first $100,000 in gross estate value;
- 3.5% of the next $200,000;
- 2.5% of the value exceeding $300,000.
This schedule is codified at SC Code Ann. § 62-2-407 (Compensation of personal representative). You can review the statute here: SC Code § 62-2-407.
If the personal representative sells estate property, they calculate commissions on the gross sale proceeds just as they would on asset values reported in the inventory. The clerk of court issues letters testamentary or letters of administration that establish the commencement date for computing commissions.
In cases involving extraordinary services—such as litigation, contested accountings, complex asset sales, or extended administration—the representative may petition the probate court for additional compensation. South Carolina law authorizes the court to award reasonable additional fees under SC Code Ann. § 62-2-405: SC Code § 62-2-405.
If the will or decedent’s instructions waive commissions, the representative cannot collect unless the court approves otherwise. Similarly, beneficiaries or heirs may agree in writing to reduce or forgo commissions.
Typical Process for Claiming Commissions
- File the inventory and account of estate assets with the probate court.
- Calculate commissions using the tiered schedule based on gross values or sale proceeds.
- Submit a petition or proposed accounting including the compensation calculation.
- Obtain court approval when required, especially for extraordinary or contested fees.
- Distribute net estate assets to heirs or beneficiaries after commissions and other expenses.
Helpful Hints
- Keep detailed records of all asset values and sale prices.
- Review SC Code § 62-2-407 for standard commission rates.
- Consider court approval for extraordinary services under SC Code § 62-2-405.
- Communicate clearly with beneficiaries about compensation to avoid disputes.
- Consult with a probate attorney if the estate involves complex assets or litigation.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Laws change over time, and you should consult a qualified probate attorney to address the specifics of your situation.