Page:United States Statutes at Large Volume 76A.djvu/715

–619– -619SUBCHAPTER IV—PAYMENT OF DEBTS, EXPENSES, AND CHAEOEB Sec.

1881. 1882. 1883. 1884. 1885. 1886. 1887.

Order of payment of debts, expenses, and charges. Time for payment generally. Order for payment of debts; dividends; discharge if estate exhausted. Future, contingent, or disputed claims. Personal liability after decree for payment; execution. Claims omitted from account Closing or continuing administration after first distribution.

Subchapter I—Commissions and Allowances § 1811. Allowance of expenses and compensation; renunciation The executor or administrator shall be allowed all necessary expenses in the care, management, and settlement of the estate, and for his services the compensation provided by this chapter; but when the decedent, by his will, makes other provision for the compensation of the executor, that shall be a full compensation for his services, unless by a written instrument, filed in the court, he renounces all claims for compensation provided for in the will. § 1812. Compensation; apportionment (a) The executor, when no compensation is provided by the will or he renounces all claim thereto, or the administrator, shall receive commissions upon the amount of estate accounted for by him, as follows: (1) first $1,000, at the rate of 7 percent; (2) next $9,000, at the rate of 5 percent; (3) next $40,000, at the rate of 3 percent; (4) next $100,000, at the rate of 2 percent; (5) next $350,000, at the rate of li^ percent; and (6) all above $500,000, at the rate of 1 percent. (b) Wlien the property of the estate is distributed in kind^ and involves no labor beyond its custody and distribution, the commission shall be computed on all the estate above the value of $60,000 at onehalf of the rates fixed in this section. (c) If there are two or more executors or administrators, the compensation shall be apportioned among them by the court according to the services actually rendered by each. (d) When the executor or administrator is an attorney, he shall not be allowed to charge against the estate any professional fees, as such, for services rendered by himself. § 1813. Additional compensation for extraordinary services Such further allowances may be made as the court deems just and reasonable for any extraordinary services by the executor or administrator, but the total amount of such extra allowances may not exceed one-half of the amount of commissions allowed by section 1812 of this title. § 1814. Invalidity of contracts for higher compensation A contract between an executor or an administrator and an heir, devisee, or legatee, for a higher compensation than that allowed by this chapter, is void. § 1815. Allowance upon commissions At any time during the administration, and upon such notice to the persons interested in the estate as the court requires, an executor or administrator may apply to the court for an allowance to himself upon his commissions. On the hearing of the application the court snail make an order allowing him such portion oi his commissions as the court deems proper. The portion so allowed may bo thereupon charged against the estate.

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