Detailed Answer

Under Mississippi law, a personal representative (executor or administrator) may claim a statutory commission on estate assets and on the proceeds from any sales made during administration. The right to a commission does not depend on a court order unless beneficiaries or creditors challenge the amount. Instead, the personal representative calculates and deducts the commission as an administration expense in the final accounting filed with the chancery court.

Statutory Commission on Estate Assets

Mississippi Code § 91-7-373 sets fixed percentages for commissions on all assets that come into the personal representative’s hands. The current statutory schedule is:

• 5% of the first $100,000 of estate assets
• 4% of the next $400,000
• 3% of the next $500,000
• 2% of the remainder

For the full text, see Miss. Code Ann. § 91-7-373: law.justia.com/codes/mississippi/2013/title-91/chapter-7/section-91-7-373/.

Commission on Sale Proceeds

When a personal representative sells estate property—real or personal—they must place the gross sale proceeds into the estate. Those proceeds become “assets coming into the hands” and thus qualify for the same commission percentages under § 91-7-373. Mississippi courts recognize that calculating the commission on sale proceeds ensures fair compensation for the time, expertise and risk the representative undertakes.

Hypothetical: An estate holds land worth $200,000. The representative sells it for $250,000. Under § 91-7-373, the commission applies to $250,000—5% on the first $100,000 and 4% on the remaining $150,000.

How to Claim Your Commission

1. Prepare a final accounting listing all receipts and expenses, including the proposed commission.
2. File the accounting and petition for distribution in chancery court.
3. Provide notice to heirs, legatees and creditors.
4. If no objections arise, the court signs an order approving the accounting and commissions.

If beneficiaries object to the amount, the chancery court holds a hearing and may adjust the commission based on the estate’s complexity, the hours expended and customary local rates.

Disclaimer: This article is for educational purposes only and is not legal advice. Consult a qualified probate attorney in Mississippi to address your specific situation.

Helpful Hints

• Review the estate’s inventory carefully—accurate asset values help calculate the correct commission.
• Keep detailed time records if the estate proves unusually complex; courts may adjust fees downward if work seems excessive.
• Communicate with beneficiaries early. A clear explanation of commissions may prevent objections later.
• Consider waiving or reducing your commission voluntarily when estate assets underperform or when beneficiaries expect modest compensation.
• File your final accounting promptly. Delay may lead to court scrutiny and possible fee reductions.