Computation Of Attorney Fees Form Page 33
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60Adopted: 2-1-05
Revised: 8/1/14
LOCAL RULE 71.1
ATTORNEY FEES
The Rules of Professional Conduct and Rules of Superintendence shall govern the reasonableness
of all attorney fees. The Court has the ultimate responsibility and authority to review attorney fees
as required by such rules.
(A)
Decedents’ Estates
(1)
Partial Accounts
(a) An application for the payment of attorney fees on a partial account shall set
forth the amount of requested fees and an hourly summary of services provided
that justifies the requested fees.
(b) An application for the payment of attorney fees on a partial account shall not
be approved as a percentage of the attorney fees computed pursuant to
Appendix A to the Local Rules.
(c) In solvent estates, an application for the payment of attorney fees on a partial
account shall not be required if all of the beneficiaries of the estate consent in
writing to the payment of such fees. Appendix C to the Local Rules shall be
used for written consents.
(2)
Final Accounts
(a) An application for the payment of attorney fees on a final account is not
required if any of the following applies:
(i) Payment of the fees is included in an accounting or certificate of
termination filed by the fiduciary, and the fiduciary is the sole beneficiary
of a solvent estate.
(ii) All of the beneficiaries and creditors of the estate whose share will be
charged with payment of any part of the fees, consent in writing to the
specific dollar amount to be paid and the consent is filed with the account
that claims credit for payment of the fees.
In such cases, a guardian may consent for the guardian’s ward, the
fiduciary of a deceased beneficiary’s estate may consent for the deceased
beneficiary and a testamentary or inter vivos trustee may consent for the
trust beneficiaries.
Consents may not be used if a complaint for will contest, determination of
heirship, or complaint for any other civil action has been filed that may
change the persons who would be the beneficiaries of the decedent’s estate.
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