Probate Administration

The administration of any probate estate involves the payment of certain expenses. Those assisting in its management are entitled to be paid for their services, and the court must be compensated for the time it devotes to the administration of the estate. The expenditures are, in most cases, governed by statute. The expenses usually encountered in the average estate fall into four main categories.

(1) Bond Premiums: The Personal Representative may be required to provide the court with an indemnity bond to guarantee the faithful performance of his or her duties. The necessity for such a bond may, however, be waived by the deceased in the will or, in certain cases, by the court or all beneficiaries. The cost of such a bond is paid out of the assets of the estate and varies with the amount of property to be administered.

(2) Costs of Publication: Generally, two notices must be published during the administration of each estate, one announcing that the estate has been opened (Notice to Creditors) and a second one when the estate is in a position to be closed (Notice of Intention to File a Final Settlement or Statement of Account). These notices are for the protection of those interested in the estate and vary in cost depending upon the type of newspaper in which they are published.

(3) Court Costs: While the probate division is a part of the state government, it is not entirely supported by taxpayers. Every estate must pay a share of the expenses the court incurs on its behalf. These court costs are generally based upon the size of the estate being administered and, in some cases, on the extent of service the court is called upon to provide.

(4) Personal Representative's Commission and Attorney's Fees: The fees the Personal Representative receives are based upon the size of the estate and the amount of work performed. Missouri statutes provide for a minimum fee schedule, which is followed in most estates. Compensation in excess of this scheduled fee may be paid only upon an order of the court or upon consent of all beneficiaries. The minimum scheduled fees are based upon a percentage of the amount of money and personal property distributed from the estate. This percentage is based upon a graduated scale as follows: 5% of the first $5,000; 4% of the next $20,000; 3% of the next $75,000; 2.75% of the next $300,000; 2.5% of the next $600,000; and 2% of everything over $1,000,000. Special provisions are made for situations in which an estate has more than one Personal Representative.

The attorney who assists in the administration of an estate (and only an attorney can represent an estate before the probate division) receives a fee based upon the same scale established for the Personal Representative. However, if this attorney also serves as the Personal Representative, he or she will receive only one fee.

Simplified Probate Administration
Two types of probate administration are permitted by the Probate Code, "supervised" or "independent." As the names suggest, a "supervised" administration is closely monitored by the probate division; such an estate requires court approval for many actions of the Personal Representatives, who must also file annual accountings, or settlements, which are fully reviewed and audited by the probate division. "Independent" administration is more informal and eliminates the need for supervision by the probate division and annual settlements. An estate may be "independently" administered if so designated in the deceased's will, or if the beneficiaries all agree.

Contact Michael E. Doyel for information on probate administration