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How Are Fees Determined For The Personal Representative And Attorney?

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Generally there's two ways that fees are determined, both for the personal representative and the attorney. There's a statutory fee with the legislature has determined what is reasonable both for the personal representative and the attorney representing the personal representative. Then secondly you could have a separate contract with the attorney stating what his or her fees will be during the administration and that's strictly between the personal representative and the attorney. With respect to the personal representative fees, they can also waive their statutory fee but generally it's either the statutory fee or they can take a reduction or waive it at all. To answer your question, statutory or by contract.

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