Only attorneys are authorized to represent a personal representative in a decedent's estate. RSMO 473.153 sets forth a fee schedule for the personal representative and the attorney.

The fees are based upon the size of the estate and the amount of work required. These fees are based upon a percentage of the value of the personal property administered and of the proceeds of all real estate sold under the probate court's orders. The fee schedule is:

• 5% on the first $5,000 in the estate
• 4% on the next $20,000 in the estate
• 3% on the next $75,000 in the estate
• 2.75% on the next $300,000 in the estate
• 2.5% on the next $600,000 in the estate
• 2% on anything over $1,000,000 in the estate

Personal representatives can waive their claim to a fee. Frequently, family members appointed as personal representatives will waive their fees.

In smaller estates, the statutory minimum is not enough to compensate the lawyer for the work involved. Often, a higher percentage than provided by statute will be charged for small estates.

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