Rule 72 Brokers', Attorneys', and Personal Representative's Fees and Commissions
Part B. Probate Proceedings | B-VI. Sale of Real Property
Rule Text
(a) Personal Representatives and Attorney's Fees. Personal representative's and attorneys' fees may be considered and approved at the time of the confirmation of sale, and may be paid directly from escrow as a cost of sale.
(b) Broker's Commissions. In addition to the fees allowed to the personal representative and the attorney, the court may allow broker's commissions on the sale in an amount agreed to by the parties, unless there is a successful overbid.
Where a successful overbid is made at the confirmation of sale hearing and the original buyer's broker does not prevail, then the broker's commission shall be divided as follows:
Broker
Commission Allowed
Seller’s
One-half of approved commission on original offered price
Original Buyer’s (unsuccessful)
One-third of approved commission on original price
Successful Buyer’s
One-sixth of approved commission on original offered price plus 100% of approved commission on overbid amount
No excise or sales taxes may be added to any commissions. Commissions shall be paid from escrow at the close of the sale.
Amendment history: Amended November 12, 1997, effective December 15, 1997.