Q: My father died in OK without a will.He leaves behind 4 kids & I filed for probate. Does the Rep get 10% for being Rep?

A: Very sorry to hear about your loss. Your question is:

What are the personal representative or executor's fee in a probate?

In Oklahoma a personal representative's fee is determined by Title 58 Section 527. It states that the PR must be allowed " commissions upon the amount of the whole estate accounted for by him" in the probate. Property passing outside of probate (such as life insurance to named beneficiaries, etc.) is not included in this calculation.

5% of the first $1,000 ($50) plus

4% of the next $5000 ($200) plus

2.5% of everything above $6,000.

A judge may make an allowance of additional funds for "any extraordinary service" but this amount cannot exceed the amounts stated above. In other words, the judge can allow the statutory fee to be doubled.

So to answer your question, a personal representative does not receive 10%. The amount is usually closer to 2.5%, but this amount can be increased if approved by a judge.

Your second question is whether this must be requested by an attorney.

You must disclose the requested fee request in the final account even if you are only seeking the minimum fees. If you want more than the 2.5%, a request must be made to the judge with notice to interested parties. This would probably be done when the final account is requested. A party can object to the fees if there is a question of the value or dispute whether the minimum amount should be enhanced.