(a) A personal representative is entitled to reasonable compensation for services as may appear to the court to be fair considering such factors that may include, but are not limited to, the novelty and difficulty of the administrative process, the skill requisite to perform the service, the likelihood that the acceptance of the particular employment will preclude other employment, the fee customarily charged in the locality for similar services, the amount involved and the results obtained, the requirements imposed by the circumstances and condition of the estate, the nature and length of the professional relationship with the decedent, the experience, reputation, diligence, and ability of the person performing the services, the liability, financial or otherwise, of the personal representative, or the risk and responsibility involved, which shall not exceed two and one-half percent of the value of all property received and under the possession and control of the personal representative and two and one-half percent of all disbursements.
(b) In addition the court may allow a reasonable compensation for extraordinary services performed for the estate.
(c) If a will provides for compensation, or no compensation, of the personal representative either directly or conditionally and there is no contract with the decedent regarding compensation, the personal representative may renounce the provisions and if no alternate or successor personal representative is willing to serve for the compensation provided in the will for the personal representative, the personal representative in the order of priority provided in the will shall be entitled to reasonable compensation. A personal representative also may renounce the right to all or any part of the compensation. A renunciation may be filed with the court.
(d) Nothing in this section shall be construed to limit the right of a decedent or all affected beneficiaries to agree in writing with the personal representative, as to the amount or the method of determining the personal representative's compensation, which shall be binding on all parties if the appointment is accepted and the agreement is not unconscionable.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Chapter 2 - Administration of Estates.
Article 20 - Probate Procedure Act.
Section 43-2-830 - Devolution of Estate at Death; Restrictions.
Section 43-2-831 - Time of Accrual of Duties and Powers.
Section 43-2-832 - Priority Among Different Letters.
Section 43-2-834 - Personal Representative to Proceed Without Court Order; Exception.
Section 43-2-835 - Duty of Personal Representative; Inventory and Appraisement.
Section 43-2-836 - Duty of Personal Representative; Supplementary Inventory.
Section 43-2-837 - Duty of Personal Representative; Possession of Estate.
Section 43-2-838 - Power to Avoid Transfers.
Section 43-2-839 - Powers of Personal Representatives; in General.
Section 43-2-840 - Improper Exercise of Power; Breach of Fiduciary Duty.
Section 43-2-842 - Persons Dealing With Personal Representative; Protection.
Section 43-2-843 - Transactions Authorized for Personal Representatives; Exceptions.
Section 43-2-844 - Transactions Authorized for Personal Representatives; Prior Court Approval.
Section 43-2-845 - Powers and Duties of Successor Personal Representative.
Section 43-2-846 - Co-Representatives; When Joint Action Required.
Section 43-2-847 - Powers of Surviving Personal Representative.
Section 43-2-848 - Compensation of Personal Representative.
Section 43-2-849 - Expenses in Estate Litigation.
Section 43-2-852 - Terms and Requirements of Bonds.