Minneapolis, MN asked in Probate for Georgia

Q: My husband passed Nov 19 2021Until Mar of 2022 I paid expenses for bills he owed, then reimbursed myself, do I get 10%

I know 2.5 is for cash received & bills dispersed, do I count 10% for what I paid until there was money in the estate account

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1 Lawyer Answer
James Clifton
James Clifton
  • Probate Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: No, you will only receive 2.5% on money received by the estate and 2.5% on money paid out of the estate. The confusion may arise from the 10% commission mentioned in OCGA 53-6-60(b)(3). The commission mentioned in that statute is payable to the executor or administrator in the event that money loaned by the estate to 3rd parties makes interest. As an example, if you set up a certificate of deposit for the estate that makes 5% interest, and the bank pays $500 in interest over the course of the probate, you would be entitled to $50 of that interest prior to distribution to the heirs or beneficiaries.

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