D.C. Super. Ct. Civ. R. 301

(a) General Matters.

(1) Assignment of Commission. Assignment of commission as used in this Rule shall

refer to those instances in which an attorney has, pursuant to an agreement with the

fiduciary, performed some or all of the services normally expected of the fiduciary in

administering the estate and has obtained an assignment from or written consent of the

fiduciary to receive part or all of the fiduciary's commission as compensation for the

attorney's services.

(2) Compensation in Probate Matters. Compensation of personal representatives and

guardians ad litem and attorney fees in probate matters are governed by Probate

Division Rules 122 and 124.

(3) Discretion Reserved to Court. Nothing contained in this Rule shall be construed to

prevent the Court from requiring a statement of services or otherwise determining an

appropriate commission in any particular case.

(4) Court May Modify or Dispense With Notice. The Court may modify the

requirements of notice under this rule when the parties and persons whose interest may

be affected are very numerous and may dispense therewith when it appears that the

time, labor, and expense of complying will be disproportionate to the distributive shares

of those having an interest in the matter.

(b) Compensation to a Conservator or Guardian for Ordinary Services. Compensation to

a conservator or guardian for ordinary services shall be by commission which shall not

exceed 5% of amounts disbursed from the estate. Ordinary services shall be those

normally performed by a fiduciary in administering such an estate and shall include, but

not be limited to, the following:

(1) Qualification as the fiduciary;

(2) Collection of the ward's assets and income;

(3) Payment of the ward's debts and costs of maintenance, as authorized or ratified by

the Court;

(4) General supervision of the ward's investments and policy relating thereto, including

safekeeping; and

(5) Preparation and filing of all inventories, accounts, and reports to the Court.

(c) Compensation to an Attorney for Ordinary Services. If an attorney performs on

behalf of a conservator or guardian any of the above ordinary services in administering

the estate, the Court may authorize the attorney to be compensated from the estate in

the conservatorship or guardianship proceeding only by the conservator's or guardian's

written assignment of the fiduciary's commission in whole or in part, which assignment

shall be filed with the Court.

(d) Time and Method for Claiming Compensation for Ordinary Services. A claim for

commission for ordinary services may only be made in an annual account and, except

as otherwise provided in these rules, no statement of services is required. The amount

or percentage of commission claimed need only be reflected in the account itself.

(e) Turnover Commission. The turnover commission shall be the commission to be paid

upon the fiduciary's death, resignation, or incapacity or upon the death of the ward,

restoration to competency, or attainment of the age of majority.

(1) On Fiduciary's Death, Resignation, or Incapacity. If services by a conservator or

guardian are terminated by the fiduciary's death, resignation, or incapacity, in addition to

a commission on disbursements actually made, the fiduciary may be entitled to a

commission on the net assets distributed to the successor fiduciary. The fiduciary shall

file a statement of services in support of the turnover commission. That statement shall

indicate what has been done by the fiduciary, what remains to be done by the

successor and such other information as would justify the commission claimed.

(2) On the Death of the Ward, Restoration to Competency, or Attainment of Age of

Majority. If a conservatorship or guardianship terminates within three (3) years of its

commencement because of the death of the ward or other legal reason, the fiduciary

shall either file a statement of services in support of the turnover commission claimed in

estates exceeding $100,000 or, in such estates apply for a waiver of the requirement for

a statement of services by filing a simple written request with the Court.

(f) Compensation to Fiduciary for Extraordinary Services. At the time of filing an annual

account, a conservator or guardian may petition the Court for compensation for

extraordinary services rendered. Extraordinary services shall be in addition to those

services set forth in paragraph (b). The petition shall include the following:

(1) Statement of jurisdiction and controlling Court Rule;

(2) Statement of services rendered sufficiently complete on its face to establish that

the requested payment is reasonable and, as appropriate, that the services are in fact

extraordinary;

(3) The time devoted thereto, if records are available;

(4) Evidence of the necessity or purpose of the services;

(5) Results achieved, including the benefit to the estate or ward, if any;

(6) Statement of all prior allowances from the estate to the claimant or other fiduciary

or counsel, to the extent known, and;

(7) The ability of the estate to meet future needs of the ward and to compensate fairly

the fiduciary.

(g) Attorney Fees. At the time of the filing of an annual account, an attorney may petition

for allowance of reasonable attorney's fees for preparing pleadings filed with the Court

and for other necessary legal services rendered to the fiduciary in the administration of

the estate. A petition for fees for legal services in connection with the qualification of the

fiduciary may be submitted at any time, however. The petition for fees shall be

accompanied by a statement of services which shall include those matters set forth in

paragraph (f) above with respect to a petition for compensation for extraordinary

services.

(h) Notice Required. Notice of the filing of a petition for compensation for extraordinary

services by the fiduciary or for attorney's fees shall be given to the fiduciary (if

appropriate) and to all other persons affected by the allowance of the requested

compensation or fee. The consents of those entitled to notice may be filed with the

Court within twenty (20) days of the date of mailing of said notice.

(i) Reference to Auditor-Master or Deputy. All petitions for attorney's fees (except those

petitions requesting a fee for the appointment of a conservator or trustee) shall be

referred to the Auditor-Master or Deputy Auditor-Master for appropriate

recommendations.