2013 Maryland Code
ESTATES AND TRUSTS
§ 7-604 - Payment of commissions

§7-604.

(a) Payment of commissions to personal representatives under § 7-601 of this subtitle, and attorney’s fees under § 7-602 of this subtitle may be made without court approval if:

(1) (i) Each creditor, who has filed a claim that is still open, and all interested persons consent in writing to the payment;

(ii) The combined sum of the payments of commissions and attorney’s fees does not exceed the amounts provided in § 7-601 of this subtitle; and

(iii) The signed written consent form states the amounts of the payments and is filed with the register of wills; or

(2) (i) The fee is paid to an attorney representing the estate in litigation under a contingency fee agreement signed by the decedent or the current personal representative of the decedent’s estate;

(ii) The fee does not exceed the terms of the contingency fee agreement;

(iii) A copy of the contingency fee agreement is on file with the register of wills; and

(iv) The attorney files a statement with each account stating that the scope of the representation by the attorney does not extend to the administration of the estate.

(b) When rendering accounts, the personal representative shall designate any payment made under this section as an expense.