Computation Form Of Attorney Fees Page 21
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26withdrawals from the principal of the estate, and the compensation for the
remaining portion of the annual periods shall be similarly adjusted to reflect such
revised valuation.
(A)(2) Additional compensation for extraordinary service may be allowed
upon application. The court may require that such application be set for hearing
and notice, thereof, be given to interested parties in accordance with Civil Rule 4.1.
Such notice shall contain a statement of the amount of such compensation applied
for.
RULE 75
LOCAL RULES
The local rules of the court shall be numbered to correspond with the
numbering of these rules and shall incorporate the number of the rule it is intended
to supplement. For example, a local rule that supplements Sup. R. 71 shall be
designated County Local Rule 71.1.
RULE 75.1
RELEASES FROM ADMINISTRATION
(A)
If a decedent has a de minimus estate (less than $1000) the personal
representative may request a letter noting the court has no objection to a release of
the property to the next of kin. The filing fee for such a letter shall be $5.00.
(B)
In cases of estates entitled to be released from administration, where
there is a will, such will shall be presented for probate. If the entire estate will be
consumed in the payment of debts, costs, and applicable statutory allowances, or if
the will distributes the net proceeds of the estate in the same manner as the Statute
of Descent and Distribution, and there is no real estate involved, then the will may
be filed only and need not be admitted to probate. If the will is admitted to probate,
an application for an order releasing the estate from administration may be filed in
lieu of the appointment of the executor named in the will. If probate of the will is
denied, an application for an order releasing the estate from administration may be
granted and distribution made under the laws of intestate succession.
Where a full administration of an estate had been commenced but it is later
determined that the estate qualifies for release of administration, the applicant may
file a motion and judgment entry ordering the transfer to a release of
administration.
RULE 76
EXCEPTION TO THE RULES
Upon application, and for good cause shown, the probate division of the court
of common pleas, may grant exception of Sup. R. 53 to 79.
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