Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Statutory Commissions for Personal Representatives
Under Washington law, a personal representative may recover statutory commissions on the value of estate assets and on sale proceeds. RCW 11.36.100 sets a tiered schedule:
• 4% on the first $100,000
• 3% on the next $200,000
• 2% on the next $700,000
• 1% on the balance over $1,000,000
See RCW 11.36.100.
Application to Sale Proceeds
When estate property sells, the gross sale price becomes part of the estate’s assets. You calculate your commission on that gross amount at the same tiered rates. For example, if you sell real property for $500,000, that $500,000 is added to the estate total and commissions apply accordingly.
Extraordinary and Attorney Fees
If you perform services beyond ordinary administration—such as defending complex litigation or managing a difficult asset—you may petition the court for additional compensation. However, if you also act as the estate’s attorney, you cannot recover both the statutory commission and attorney fees for the same services. RCW 11.36.100(1) prohibits double recovery.
Court Petition and Approval
Statutory commissions do not require a separate court order if beneficiaries consent. If any beneficiary objects or if you seek extraordinary fees, you must file a petition for allowance of compensation. The court will review your inventory, accountings, and service detail before approving fees.
Helpful Hints
- Review RCW 11.36.100 for exact commission percentages.
- Include sale proceeds in your commissioning calculation.
- Document all administration tasks and sale dates in your accounting.
- File a petition for extraordinary compensation if services exceed normal duties.
- Avoid claiming both attorney fees and statutory commissions for the same work.