§ 473.155 — Compensation of accountants and attorneys (first class counties and St. Louis City).

Missouri § 473.155

• Jurisdiction: Missouri
• Title XXXI: TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
• Ch. 473: Probate Code — Administration of Decedents' Estates

Text

1.  In all counties of the first class and St. Louis City, other provisions of law notwithstanding, attorneys performing services for the estate at the instance of the personal representative shall be allowed out of the estate as the minimum compensation for their services sums equal to the percentages set forth in the schedule contained in subsection 1 of section 473.153 . In any case where reasonable compensation to the attorneys is in excess of the minimum provided in the schedule the court shall allow such additional compensation as will make the compensation of the attorneys reasonable and adequate.  Performance by the attorneys of extraordinary service is not necessary to entitle them to such additional compensation.

2.  If the personal representative is an attorney, no allowance shall be made for legal services performed by him or at his instance unless such services are authorized by the will or by order of the court or are consented to by all heirs and devisees whose rights may be adversely affected by the allowance.  In addition, when one member of a law firm or professional corporation serves as personal representative of the estate and another member of the same law firm or professional corporation serves as the attorney for the estate, only one fee as set forth in subsection 1 of section 473.153 shall be allowed.

3.  A personal representative may employ independent accountants, certified public accountants, or tax specialists holding a valid permit to practice before the United States Treasury Department to assist him in filing estate tax returns, federal and state income tax returns, or establishing records of account and reporting on financial results in those estates requiring this service and such person shall be allowed reasonable compensation for such service as determined by the court.  If the personal representative is a certified public accountant, tax specialist holding a valid permit to practice before the United States Treasury Department or an independent accountant, no allowance shall be made for accountant services performed by him or at his instance unless such services are authorized by will or by order of the court or are consented to by all heirs and devisees whose rights may be adversely affected by the allowance.  In addition, when one member of an accounting firm or professional corporation serves as an accountant for the estate, only one fee as set forth in subsection 1 of this section will be allowed.

4.  Nothing in subsection 2 of this section shall apply to attorneys employed by any duly elected public administrator who is an attorney.

Legislative History

(L. 1965 p. 634 §§ 1, 2, 3, A.L. 1980 S.B. 637, A.L. 1989 H.B. 145)