Detailed Answer
Who is a personal representative? Under Idaho law, a personal representative (sometimes called an executor or administrator) is the person appointed by the court to manage and settle a decedent’s probate estate. The duties include gathering assets, paying debts and taxes, selling property when needed, and distributing remaining assets to beneficiaries.
Statutory commission on estate assets: Idaho Code § 15-3-708 authorizes a personal representative to receive compensation in the form of a commission on the value of probate assets. Unless the court orders otherwise, the commission is computed on the decedent’s net estate according to the following schedule (see Idaho Code § 15-3-708):
- 4% on the first $10,000 of the net estate
- 3% on the next $10,000
- 2% on the next $80,000
- 1% on the next $300,000
- 0.5% on the balance over $400,000
Commission on sale proceeds: When estate property is sold—such as real estate or personal items—the sale proceeds become part of the probate estate. The personal representative’s commission applies to those proceeds under the same statutory schedule. The commission rate is based on the gross value realized by the sale, minus debts and allowable deductions.
Court approval and adjustment: The court has discretion to adjust the commission if the personal representative’s duties are unusually simple or extraordinarily complex. Pursuant to Idaho Code § 15-3-708, the personal representative may file a petition requesting a higher or lower fee. The court will consider factors such as time spent, skill required, and results achieved.
Procedures to obtain commission: 1) File an accounting and fee petition with the probate court. 2) Provide notice to all interested persons (beneficiaries and heirs). 3) Attend a hearing if the court requires one. 4) Receive a court order setting the commission amount. 5) Disburse other expenses before withdrawing the approved commission from estate funds.
Hypothetical example: Imagine an estate with a net probate value of $500,000. The statutory commission would be:
- 4% of $10,000 = $400
- 3% of $10,000 = $300
- 2% of $80,000 = $1,600
- 1% of $300,000 = $3,000
- 0.5% of $100,000 = $500
Total = $5,800 (subject to court approval).
Disclaimer: This article provides general information about Idaho probate law and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Helpful Hints
- Review the will for any language waiving or modifying the personal representative’s commission.
- Keep detailed time records and expense logs to justify any commission adjustment requests.
- Provide timely notice of your fee petition to all interested parties to avoid delays.
- Understand that non-probate assets (e.g., life insurance, jointly held property) are not subject to probate commissions.
- Consider consulting an estate attorney when complex assets or disputes arise.