- A personal representative may petition the probate court for compensation that is greater than that allowed under Code Section 53-6-60. Service of notice of the petition for extra compensation shall be made on all the heirs of an intestate decedent or on any affected beneficiaries under the will of a testate decedent. Service of notice shall be made in the manner provided by Chapter 11 of this title and shall direct the parties served to file any written objections to the extra compensation with the probate court within 30 days.
- After hearing any objection filed by the heirs or beneficiaries of the estate, the probate court shall allow such extra compensation as the court deems reasonable; provided, however, that if no such objection is filed or any such objection is dismissed or withdrawn, the court, in its discretion, may enter an order allowing such extra compensation as the court deems reasonable without a hearing. The allowance of extra compensation shall be conclusive as to all parties in interest.
- If the amount of compensation that is specified in a testator’s will is less than the amount allowed under Code Section 53-6-60, the personal representative may petition for greater compensation in the manner provided in subsection (a) of this Code section.
History. Code 1981, § 53-6-62 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 18; Ga. L. 2020, p. 377, § 1-35/HB 865.
The 2020 amendment, effective January 1, 2021, in subsection (a), substituted “on” for “to” twice in the second sentence, and, in the last sentence, substituted “Service of notice shall be made in the manner provided by” for “Service shall be made in the manner described in” at the beginning, and substituted “30 days” for “ten days” at the end; added the proviso at the end of the first sentence in subsection (b); and substituted “provided in subsection (a) of this Code section” for “described in this Code section” at the end of subsection (c).
Law reviews.
For article on the problems and benefits of multiple fiduciaries in estate planning, see 33 Mercer L. Rev. 355 (1981).
For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).