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.