Quick answer: the ordinary 5-6% realtor commission applies as its own separate expense. The personal representative's compensation is capped at 9%/3.6%, but it's discretionary up to that ceiling, not automatic. The attorney's fee follows its own "fair and reasonable" standard. See how this plays out for your own numbers in the Maryland probate real estate sale calculator.
A ceiling, awarded at the court's discretion
Two fees, two different tests
The attorney's compensation follows its own standard under §7-602 — "fair and reasonable in light of all the circumstances" — rather than sharing the PR's percentage table. But the Orphans' Court still caps the combined total of both fees to what it considers a fair overall charge for administering the estate, particularly when the same person serves as both PR and attorney.
The exact commission schedule
| Estate value | PR commission ceiling |
|---|---|
| $20,000 | $1,800 |
| $200,000 | $8,280 |
| $500,000 | $19,080 |
| $1,000,000 | $37,080 |
Per Md. Code, Estates and Trusts §7-601(b)(2). A statutory ceiling; actual award may be lower.
The broker's commission stays separate
If the personal representative retains a licensed real estate broker, that commission is its own administration expense under §7-601(d) — it doesn't reduce, and isn't drawn from, the PR's own statutory commission.
A local probate attorney can review your estate — many offer a free consultation.
The commission cap and Register of Wills filing fees ($50 to $2,500+, based on estate value) apply the same way in Montgomery, Baltimore, Prince George's County, and Baltimore City.