Ga. L. 1996, Act No. 754; O.C.G.A. § 53-6-60(b)
Georgia Laws 1996, Act No. 754 (HB 1030)
- These defaults apply only when neither the will nor a separate written agreement sets the personal representative’s pay.
- 2.5% of the money the representative receives for the estate, leaving out money the representative lent and was repaid, plus 2.5% of the money paid out for debts, legacies or shares of the estate.
- 10% of interest the representative collects during the administration on money lent by the decedent, or by the representative in that role, when it is entered in the return to the probate court as part of the estate.
- For handing property over in kind, an amount the probate court finds reasonable, never more than 3% of its appraised value (or of the fair value the judge finds where there was no appraisal).
- For working land for the people interested in the estate, what the probate court allows, never more than 10% of that property’s yearly income.
The section’s own words
If the personal representative's compensation is not specified in the will or any separate written agreement, the personal representative for services rendered shall be entitled to compensation equal to: (1) Two and one-half percent commission on all sums of money received by the personal representative on account of the estate, except on money loaned by and repaid to the personal representative, and 2 1/2 percent commission on all sums paid out by the personal representative, either for debts, legacies, or distributive shares; (2) Ten percent commission on the amount of interest made
What this means: HB 327 (2025) revised subsection (a) agreement language but did not restate subsection (b), which contains these default percentages; the 2025 signed act is separately cited.