How the DC personal representative fee actually works
No percentage in the statute — but a real, named list of factors the court weighs, and a small-estate rule that pays nothing at all.
1. The statute: reasonable compensation, no percentage
D.C. Code § 20-751: "Except as may otherwise be ordered by the Court for good cause shown in respect to a supervised personal representative or a special administrator, a personal representative is entitled to reasonable compensation for services." No percentage, no schedule — the DC Superior Court, Probate Division, decides case by case.
2. Before 1995, there was a guideline — not anymore
Historical only: for estates of people who died before July 1, 1995, former Probate Division Rule 125 set a guideline of 4.5% to 8% of the estate's assets and income, combined for the personal representative and attorney together. For deaths on or after that date, the pure reasonable-compensation standard applies instead — there is no current percentage guideline.
3. The will's provision, and renouncing it — at any time
§ 20-751, continued: "If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision either before or after qualifying and be entitled to reasonable compensation." DC is explicit that the renunciation window isn't limited to before taking office — broader than the before-qualifying-only rule several other states impose. "A written renunciation of fee may be filed with the Court."
4. What the court actually weighs
§ 20-753(b): the court considers "(1) the reasonable relationship of the compensation to the nature of the work performed; (2) any estimate of such compensation provided to the personal representative...; (3) the reasonableness of the time spent, including the number of hours spent and the usual hourly compensation for the work performed; (4) the nature and complexity of the matters involved and difficulties encountered, and the results achieved" — plus any other factor the court deems relevant.
5. Small estates: zero commission by law
D.C. Code § 20-354(a): "No person appointed as a personal representative in accordance with section 20-353 shall be required to be represented by an attorney or to give bond or be entitled to receive any commission for the performance of duties as personal representative." A bright-line zero for DC's small estate track — not a reduced fee, no fee at all.
| Component | DC figure |
|---|---|
| Statutory formula | None — § 20-751, reasonable compensation |
| Pre-1995 guideline (historical only) | 4.5%–8% combined PR + attorney |
| Small estate procedure (§ 20-354) | $0 — no commission allowed |