Ind. Allen Cnty. Civ. Local Rule LR02-AR00-20

A. Preamble. The Allen Superior Court, Civil Division has adopted these guidelines

in an effort to achieve the following objectives:

(1) Establish uniformity in determining a fair and reasonable fee for supervised

estates;

(2) Provide a guideline to assist the Court and interested parties in determining

fair and reasonable fees;

(3) Provide a guide to attorneys so they can discuss fees that may be

reasonably incurred with their clients at the onset ofadministration;

(4) Assist the legal profession to arrive at a fair and reasonable fee for

employment in estate matters.

Every attorney and personal representative has an obligation to request a fee

which is fair and reasonable for the work performed, taking into account the Rules of

Professional Conduct applicable to attorneys admitted to practice law in the State of

Indiana, and other relevant criteria. Except under extraordinary circumstances, a

request for fees should not exceed the fees authorized in these guidelines. In an

uncomplicated estate, fees should be less than those listed in these guidelines. Fees

must always bear a reasonable relationship to the services rendered.

B. Principles Applicable to Fee Determinations. Although these fee guidelines

have been promulgated by the Court for probate matters, it is important that attention be

directed to the following criteria when seeking an award of fees:

(1) The time and labor required, the novelty, complexity, or difficulty of the

questions involved, the skill required to perform the services properly, including a

determination as to how much of the attorney’s time was devoted to ministerial

functions;

(2) The nature and extent of the responsibilities assumed by the attorney and the

results obtained, including the considerations of the identity of the personal

representative and the character of the probate and non-probate transferred

assets;

(3) The sufficiency of assets properly available to pay for legal services, and

whether the attorney’s duties are expanded by the existence of non-probate

assets because of their inclusion for tax purposes;

(4) The timeliness with which the necessary services are performed consistent

with statutory requirements, Local Civil Rules of the Allen Superior Court, Indiana

Trial Rules, and applicable Rules of Professional Conduct; and

(5) Attorneys shall discuss their fees and the fees of the Personal

Representative at the time they are retained in all probate matters.

C. Attorney Fee Guidelines - General Administration:

(1) Gross estate services are considered to normally include: probating the Will,

opening of the estate, qualifying the personal representative, preparing and filing

the Inventory, paying claims, collecting assets, preparing and filing non-

extraordinary petitions, preparing and filing of Fiduciary Income TaxReturn,

preparing and filling all tax returns and schedules, obtaining Court Orders

thereon, paying taxes, preparing and filing the Final Report, obtaining an Order

approving same, distributing assets, obtaining discharge of the Personal

Representative, and serving all notices on interested parties throughout the

proceedings. This list shall not be considered exclusive.

(2) Gross Estate Services-Minimum Fee of $500.00 Plus:

Up to $100,000. Not to exceed…......................... 6%

Next $100,000. Not to exceed…..........................4%

..........................Next $100,000. Not to exceed… 3%

..........................Next $100,000. Not to exceed… 2%

Over $400,000. Not to exceed… ......................... 1%

(3) Miscellaneous-Extraordinary Services:

(a) Sale of Real Estate fees shall be based upon a reasonable hourly

rate.

(b) Federal Estate Tax Returns: Fees for Federal Estate Tax Returns are

allowed only if a return is required because of non-administered property,

and shall be based only on assets not listed on Indiana Inheritance Tax

Schedule. A base fee of $750.00 or one percent (1%) is allowed for the

first $100,000. Of the non-administered assets of the gross estate as

determined for Federal Estate Tax purposes plus: ¾ of one percent (1%)

of the next $150,000 of non-administered assets of the gross estate, plus

½ of one percent (1%) on all non-administered assets of the gross estate

in excess of $250.000.

(c) (5) Other than as provided above, fees shall be based upon a

reasonable hourly rate.

(d) Attorney’s expertise in probate matters will be considered by the Court

in determining the applicable reasonable hourly rate.

D. Attorney Fee Guidelines - Wrongful Death Administration: The Court

recognizes that in most instances a retainer or contingent fee agreement is an

appropriate method by which legal services can be provided in wrongful death claims.

Accordingly, fees shall be allowed under those agreements if, at the time of settlement

of the claim, it is shown to the Court’s satisfaction:

(1) The personal representative was, prior to entering such agreement, fully

informed as to all aspects of the arrangement;

(2) The agreement is fair and reasonable; and

(3) The fee sought is fair and reasonable.

E. Extraordinary Fee Requests.

(1) Fee petitions requesting extraordinary fees must set forth services rendered

with specificity. Extraordinary service may include: sale of personal property,

sale of real property, partial distributions, will contest actions, contesting claims,

adjusting tax matters, contested hearings, petitions for instructions, heirship

determinations, generating additional income for the estate, etc.

(2) All petitions under this section will be set for hearing, with notice to all

interested parties. If all interested parties sign a waiver and consent stating they

have been advised that the additional fee request exceeds the Court’s guidelines

and that the services as detailed are extraordinary, the Court may, in its

discretion, determine if whether a hearing is required.

(3) A waiver and consent for allowing fees in excess of these Local Rule

Guidelines shall not be merely a pro forma waiver and consent, but must be in

substantially the form as set forth in these rules and Appendix H.

F. Unsupervised Estates. The Court will not determine fees in an unsupervised

administration.

G. Filing of Fee Petition. Before any fee is paid in a supervised estate, a petition

for allowance of the fee shall be filed and determined by the Court. A request for fees

will be considered only under the following circumstances:

(1) The Final Report is ready to be filed, or

(2) As necessary for purposes of an estate fiduciary income tax deduction,or

(3) As necessary due to extraordinary circumstances.

H. Payment of Fees. Except where payment has been authorized under Local

Rule 23 G.2 or G.3 above, fees are payable one half (1/2) upon approval of fee petition

and one half (1/2) upon approval of the Final Report.

I. Personal Representative Fees

(1) Professional: The Court will approve Personal Representative fees at the

applicable prevailing rate, provided:

(a) Those rates are on file with and approved by the Court.;

(b) The rate results in a reasonable fee in light of all circumstances; and

(c) A description of services rendered in support of a request for fees is

filed.

(2) Non-Professional: Fees for non-professional Personal Representative

services may be allowed. However, such fees shall not exceed one half (1/2) the

fee allowed the attorney, provided:

(a) The fee is reasonable in light of all circumstances; and

(b) A description of services rendered, including time spent with hourly

rate in support of the request is filed.

(3) Attorney as Personal Representative: The Court discourages attorneys

from assuming the dual role of attorney and Personal Representative in the same

estate. When the attorney does serve as the Personal Representative, an

additional amount not to exceed one-third (1/3) of the attorney fee may be

allowed, provided:

(a) The fee is reasonable in light of all circumstances; and

(b) A description of services rendered including time spent with hourly rate

in support of the request is filed.

(4) Fee Payments and Extraordinary Fee Requests: The Court will apply the

same procedures to the allowance and drawing of Personal Representative fees

and to a Personal Representative’s extraordinary fee request as it does to

attorney fee requests, as outlined above.

Adopted as Superior Civil Attorney Fee Guidelines, effective August 15, 1990.

Renumbered as Superior and Circuit Civil Rule 6, and amended effective December 7,

2006. Amended and renumbered as Superior and Circuit Civil Rule AR00-23 effective

January 1, 2015. Amended in 2018, renumbered as Local Civil Rule LR02-AR00-20,

and effective December 1, 2018.