Unreported / Non-Citable
Background
Renee Harriott, the sole beneficiary of John Raburn Ford’s estate, was named independent executrix in Ford’s will, but the probate court found her disqualified and appointed attorney Tyler Green as independent administrator. Harriott later sought Green’s removal, alleging fiduciary failures. Green opposed removal, and the parties and their attorneys filed competing sanctions motions. The probate court ultimately denied the removal and sanctions requests.
After approving an inventory valuing the estate at $228,079.06, the probate court discharged Green, closed the estate, awarded him $5,701.98 in administrator compensation, approved $22,961.80 in legal expenses, and ordered distribution of the remaining funds to Harriott. Harriott appealed the administrator-compensation and attorney-fee awards.
The Court’s Holding
The Tenth Court of Appeals held that the probate court misapplied Texas Estates Code Section 352.002 when it awarded Green 2.5% of the estate’s total value. Because the estate’s receipts were excluded from the statutory commission calculation and Green paid out $40,981.95 in qualifying amounts, he was entitled to a 5% commission of $2,049.10. Green had not sought additional compensation under the statutory provisions governing unusually low commissions or management of an estate business.
The court largely upheld the attorney-fee award. Testimony and detailed invoices identified the services performed, dates, attorneys, charges, and hourly rates, while administrative work was marked “no charge.” That evidence supported $21,824.30 for work performed by Green and Scott Cain, including Green’s good-faith defense against removal. But the record contained no evidence of attorney Brent Kiel’s experience or qualifications, so the court deleted $1,137.50 attributable to his work. It affirmed the probate order as modified.
Key Takeaways
- An estate administrator’s statutory commission is calculated from qualifying amounts actually received or paid out, not simply as a percentage of the estate’s total value.
- Invoices and testimony can collectively establish reasonable hours, rates, segregation, and services under the lodestar method even when invoices do not expressly list hours.
- Fees attributable to an individual lawyer may be unsupported when the record lacks evidence of that lawyer’s experience, qualifications, reputation, or ability.
Why It Matters
The decision underscores that Texas probate courts must apply the Estates Code’s specific commission formula when compensating administrators. Evidence about an administrator’s work does not permit an award based on total estate value unless the statutory requirements for additional compensation are invoked and satisfied.
It also illustrates the level of proof required for estate-paid legal fees. Detailed billing records can support an award when paired with testimony supplying rates and explaining the work, but the evidentiary record must support the reasonableness of fees for every lawyer whose time is included.