Computation Of Attorney Fees Form Page 47
ADVERTISEMENT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60Adopted: 2/1/05
Revised: 8/1/14
APPENDIX A
ATTORNEY FEES
The following schedule is merely a guide for determining attorney fees in an ordinary estate and shall not be
considered to be a minimum or maximum fee schedule. The law requires that attorney fees be reasonable in
each case. Acceptance of an account for filing that reflects payment of attorney fees equal to or less than an
amount computed upon the following basis does not constitute approval of the reasonableness of the fees
taken. The Court may review the attorney fees on the Court’s own motion or upon exceptions to the account
as provided by law.
It is the responsibility of each fiduciary to review all attorney fee requests to determine if the requested fees
are reasonable and based upon necessary services for the estate. The fiduciary and beneficiaries have the right
to object to any attorney fees that are not reasonable or necessary. If an objection to attorney fees is filed with
this Court, the attorney must produce hourly time records of services provided to the estate. Any finding that
attorney fees exceed reasonable and necessary fees will be a finding against the fiduciary if the fiduciary has
paid the fees.
Transfer of real estate:
2% of appraised value
Proceeds from the sale of real
12% of first $1,000
estate sold in land sale:
9% of first $3,500
7% of next $6,000
5% of next $5,000
3% of balance
Personal property, including
8% of first $1000
gross proceeds from sale of real
6% of next $4000
estate sold with consent or
4% of next $20,000
pursuant to power to sell in will:
3% of next $125,000
2% of balance
Fees for determination of non-probate property:
(a)
1% on all other non-probate property, excluding joint and survivorship property between
spouses. This percentage fee should only be taken if services on non-probate property were
rendered during the administration of the estate.
(b)
In release of estate from administration cases, attorney fees are computed only on the basis of
the assets of the probate estate. No fees are allowed on non-probate property.
(c)
No fees are allowed on funds advanced to the estate.
NOTE: By having a fee guideline for attorney fees for non-probate property, the Court is NOT establishing
that such fees are payable from the probate estate in all cases.
ADVERTISEMENT
0 votes
Related Articles
Related forms
Related Categories
Parent category: Legal