O.C.G.A.
O.C.G.A.

O.C.G.A. § 53-6-62 (2019)

Extra compensation

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) A personal representative may petition the probate court for compensation that is greater than that allowed under Code Section

Annotations

Law reviews. - For article on the problems and benefits of multiple fiduciaries in estate planning, see 33 Mercer L. Rev. 355 (1981). For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).

COMMENT

This section replaces former OCGA Sec. 53-6-150. This section gives the probate court discretion to award extra compensation where reasonable. Heirs of an intestate decedent or beneficiaries under the will of a testate decedent are served with the petition for extra compensation and have the right to file any objections. The court, after hearing any objections, has the discretion to allow any extra compensation the court deems reasonable. The allowance of extra compensation is then conclusive upon all parties in interest to the estate. In allowing extra compensation, factors that may be considered include whether the estate administration involved unusually greater time or effort, whether the personal representative had responsibilities with respect to assets that were not subject to the jurisdiction of the probate court, whether the estate involved significant tax issues, whether the personal representative also performed legal services for the estate, and whether the personal representative continued or liquidated a business enterprise of the estate. Subsection (c) clarifies that greater compensation may be requested even in those cases in which an amount is specified in the will, unless that amount is equal to the statutory fee that is described in Code Sec. 53-6-60.

JUDICIAL DECISIONS

Additional compensation upheld. - Estate distribution plan providing for $50,000 in extra compensation to the estate administrator was upheld as the challenging sibling did not show that the payment varied the terms of the will, which was not in the record, and the administrator was permitted to petition the probate court for such additional compensation. After hearing any objections, the probate court allowed such extra compensation as the court deemed reasonable in consideration of the years of contentious litigation that was involved. In re Estate of Nesbit, 299 Ga. App. 496, 682 S.E.2d 641 (2009).

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2009–2025 · leading case: In Re Est. of Nesbit, 682 S.E.2d 641 (Ga. Ct. App. 2009).
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In Re Est. of Nesbit, 682 S.E.2d 641 (Ga. Ct. App. 2009). · cites it 4× “6 OCGA § 53-6-62 (a). 7 OCGA § 53-6-62 (b).”
In Re: Est. of Richard H. Hubbell, No. A25A0062 (Ga. Ct. App. June 18, 2025). · cites it 2× “OCGA § 53-6-62 (a). Certainly, there may be policy reasons for construing OCGA § 53-6-60 (b) (1) more expansively, as Sumner and the amici argue.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.