Detailed Answer
Under Utah law, a personal representative (often called an executor or administrator) may receive reasonable compensation for administering an estate, including a commission on estate assets and sale proceeds. In the absence of a written fee agreement with beneficiaries, the probate court calculates compensation under Utah Code § 75-3-708 (link).
Many Utah courts adopt a commission schedule similar to the Uniform Probate Code. While percentages can vary by jurisdiction, a typical framework might look like:
- 4% on the first $200,000 of assets received or disbursed;
- 3% on the next $800,000;
- 2% on assets or proceeds above $1 million.
These percentages apply both to the value of property collected into the estate and to sale proceeds generated during administration. If the personal representative performs extraordinary services—such as complex asset valuation, tax work, or litigation—they may petition the court for additional compensation under Utah Code § 75-3-706 (link).
Alternatively, the personal representative and beneficiaries can negotiate a different fee arrangement at any time, subject to court approval, under Utah Code § 75-3-705 (link).
Before making final distributions, the personal representative submits a detailed accounting and a fee application. The court reviews these materials to ensure the requested commissions and any extraordinary fees are fair, reasonable, and in the estate’s best interests.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Utah probate attorney to address your specific circumstances.
Helpful Hints
- Review the default commission provisions in Utah Code § 75-3-708 to understand baseline fees.
- Keep detailed records of time and tasks to support any extraordinary services request.
- Discuss potential compensation with beneficiaries early to prevent disputes.
- File your fee petition with the probate court well before the hearing on final distribution.
- Be prepared for the court to adjust commissions based on estate size and complexity.
- Consider seeking advice from a probate attorney when estates involve real estate sales, tax issues, or creditor claims.