How Utah personal representative compensation actually works
No percentage schedule — but a genuinely distinctive procedural shortcut: if nobody objects to your petition, you get exactly what you asked for.
1. Reasonable compensation, with an unopposed-petition shortcut
Utah Code § 75-3-718(1): "A personal representative and an attorney are entitled to reasonable compensation for their services. If a petition is filed which either directly or indirectly seeks approval of the personal representative's compensation... and if no objection is filed by an interested person to the compensation requested, reasonable compensation shall be the compensation sought in the petition." No one has to independently prove the amount is reasonable — if the petition goes unopposed, the requested figure automatically becomes the legally "reasonable" amount.
2. If someone does object, a real multi-factor test kicks in
§ 75-3-718(1): "the court shall determine reasonable compensation for the personal representative based on the quality, quantity, and value of the services rendered to the estate and the circumstances under which those services were rendered, including the practice for other fiduciaries who are in similar circumstances."
3. A real notice requirement
§ 75-3-718(2): when a petition seeks approval of or objects to compensation, the petitioner must send a copy to all interested persons at least 10 days before the hearing, by certified, registered, or first-class mail, or by hand-delivery. This 10-day window is exactly the period during which an objection needs to be filed to prevent the automatic-approval rule above from applying.
4. Even without a petition, compensation can be reviewed later — and refunded
§ 75-3-720: "After notice to all interested persons... the reasonableness of the compensation determined by the personal representative for the personal representative's own services[] may be reviewed by the court. Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds." A real, distinctive consequence: even compensation taken without objection at the time can later be found excessive and ordered refunded.
5. The will's compensation, and renunciation
§ 75-3-718(3): if the will sets compensation and there's no separate contract with the decedent, the personal representative may renounce that provision before qualifying and get reasonable compensation instead. A personal representative may also renounce all or part of the compensation generally, with a written renunciation filed with the court.
| Component | Utah figure | Source |
|---|---|---|
| Statutory formula | None — "reasonable compensation" only | § 75-3-718(1) |
| Unopposed petition | Requested amount automatically "reasonable" | § 75-3-718(1) |
| Notice period before hearing | At least 10 days | § 75-3-718(2) |
| Later review for excessive compensation | Refund may be ordered | § 75-3-720 |