Section 473.823

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 473

Effective - 23 May 1996, see footnote   

  473.823.  Compensation of independent personal representative and attorney. — 1.  An independent personal representative is entitled to reasonable compensation for his services.  The statutory schedule of compensation prescribed in section 473.153 shall be considered a minimum fee for services rendered.  An independent personal representative may renounce his right to all or any part of the compensation.  A written renunciation of fee may be filed with the court.

  2.  If the will provides for compensation of the independent personal representative, and there is no contract with the decedent regarding compensation, he may renounce the provisions before qualifying only if he also renounces the right to administer independently under subsection 1 of section 473.780.  In the event of such renunciation, the administration shall be supervised unless independent administration is authorized under subsection 2 or 3 of section 473.780.

  3.  An independent personal representative's attorney shall be entitled to reasonable compensation for his services, but in no event shall the compensation of the independent personal representative or his attorney be in excess of the minimum prescribed by section 473.153, without authorization by the court.  The schedule contained in such section shall be prima facie evidence of the reasonableness of the fees charged.

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(L. 1980 S.B. 637, A.L. 1981 S.B. 117, A.L. 1996 S.B. 494)

Effective 5-23-96