473.153. Compensation of personal representatives, accountants and attorneys.
Compensation of personal representatives, accountants and attorneys.
473.153. 1. If a testator by will makes provision for thecompensation of his personal representative, that shall beallowed and taken as his full compensation unless he files in thecourt a written instrument renouncing all claim for thecompensation provided by the will before qualifying as personalrepresentative. When no compensation is provided in the will, orwhen there is no will, or when the personal representativerenounces all claim to the compensation provided in the will, thecompensation of the personal representative shall be determinedpursuant to this section. When there is only one personalrepresentative he shall be allowed as the minimum compensationfor his services the following percentages of the value of thepersonal property administered and of the proceeds of all realproperty sold under order of the probate court: On the first ............$ 5,000, 5 percent; On the next ............ 20,000, 4 percent; On the next ............ 75,000, 3 percent; On the next ............ 300,000, 2 3/4 percent; On the next ............ 600,000, 2 1/2 percent; On all over ............ 1,000,000, 2 percent.
In any case where reasonable compensation to the personalrepresentative is in excess of the minimum provided in the aboveschedule, the court shall allow such additional compensation aswill make the compensation of the personal representativereasonable and adequate. Performance by the personalrepresentative of extraordinary services is not necessary toentitle him to such additional compensation. Such percentagesshall be computed on the value of the personal property at thetime of disbursement or distribution thereof, except that whereit is necessary to allow compensation before the property isdisbursed or distributed, or to allow compensation to a personalrepresentative who has been succeeded by another personalrepresentative, the court may determine the fair market value ofproperty at the time of making the allowance and base suchpercentage thereon.
2. When there are two or more joint or successor personalrepresentatives they shall be allowed in the aggregate reasonablecompensation for their services, not exceeding twice the minimumprovided for in the schedule set forth in subsection 1 of thissection or five percent of the value of the personal propertyadministered and of the proceeds of the real property sold underorder of the probate division, whichever is less, except thatthis maximum limitation shall not apply if possession has beentaken of real property pursuant to order of the probate divisionbut such real property has not been sold under order of theprobate division, or if extraordinary services have beenperformed. Where there are two or more joint or successorpersonal representatives the compensation allowed them shall beapportioned among them by the court according to the servicesactually rendered by each, or as they may agree.
3. Attorneys performing services for the estate at theinstance of the personal representative shall be allowed out ofthe estate as the minimum compensation for their services sumsequal to the percentages set forth in the schedule contained insubsection 1 of this section. In any case where reasonablecompensation to the attorneys is in excess of the minimumprovided in the schedule the court shall allow such additionalcompensation as will make the compensation of the attorneysreasonable and adequate. Performance by the attorneys ofextraordinary services is not necessary to entitle them to suchadditional compensation. If the personal representative is anattorney, no allowance shall be made for legal services performedby him or at his instance unless such services are authorized bythe will or by order of the court or are consented to by allheirs and devisees whose rights may be adversely affected by theallowance. In addition, when one member of a law firm orprofessional corporation serves as personal representative of theestate and another member of the same law firm or professionalcorporation serves as the attorney for the estate, only one feeas set forth in subsection 1 of this section shall be allowed.
4. A personal representative may employ independentaccountants, certified public accountants, or tax specialistsholding a valid permit to practice before the United StatesTreasury Department to assist him in filing estate tax returns,federal and state income tax returns, or establishing records ofaccount and reporting on financial results in those estatesrequiring this service and such person shall be allowedreasonable compensation for such service as determined by thecourt. If the personal representative is a certified publicaccountant, tax specialist holding a valid permit to practicebefore the United States Treasury Department or an independentaccountant, no allowance shall be made for accountant servicesperformed by him or at his instance unless such services areauthorized by will or by order of the court or are consented toby all heirs and devisees whose rights may be adversely affectedby the allowance. In addition, when one member of an accountingfirm or professional corporation serves as an accountant for theestate, only one fee as set forth in subsection 1 of this sectionwill be allowed.
5. If the court finds that any accountant's services oractions in connection therewith are wrong, improper or injuriousto the estate, no accountant fee whatsoever shall be allowed.
6. Compensation properly allowable hereunder may be allowedto personal representatives or attorneys upon final settlement,or partial compensation upon application therefor, at any time ortimes during administration. If the court finds that a personalrepresentative has failed to discharge his duties as such in anyrespect it may deny him any compensation whatsoever or may reducethe compensation which would otherwise be allowed. If the courtfinds that any attorney's services or actions in connectiontherewith are wrong, improper or injurious to the estate, noattorney fee whatever shall be allowed.
7. No personal representative, other than one who is anattorney, may appear in court except by attorney, and suchattorney may not be a salaried employee of the personalrepresentative, but when the personal representative is anattorney, nothing herein shall prevent his being represented incourt by a partner, associate or employee who is an attorney. Anypersonal representative may prepare and file his own inventoriesand settlements.
(L. 1955 p. 385 § 73, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1989 H.B. 145)(1956) Attorneys for heirs in will contest, through whose efforts additional assets were brought into the estate, held not entitled to fee payable from the estate because prior statutes made no provision therefor. In re Estate of Foster v. Theis (A.), 290 S.W.2d 185.
(1962) Administrator and attorneys were not entitled to fees where estate was grossly mismanaged, assets permitted to be wasted, proper accounts and records were not kept and acts amounted to breach of trust. In re Alexander's Estate (Mo.), 360 S.W.2d 92.
(1969) Deduction allowed for the purpose of computing state inheritance taxes are to be computed on the valuation of the estate at death, and should not be computed on the basis of any increase in the value of the estate after death. Estate of Stevenson v. David (Mo.),447 S.W.2d 299.
(1976) Where testator in will "gave" $15,000 to executor as compensation "in lieu of all statutory commission and compensations to which he might otherwise have been entitled", the difference between the statutory minimum fee and the $15,000 was taxable as a bequest, in absence of any findings as to what was reasonable compensation. Matter of Estate of Lamb (Mo.), 533 S.W.2d 560.