IN · rules
Ind. Marion Cnty. Prob. Local Rule LR49-PR00 Rule 420
Fees in Supervised Estates and
GUARDIANSHIPS
420.1 No fees for personal representatives, guardians or attorneys shall be paid from the assets
of any guardianship or supervised estate without prior written order of the Court. In
guardianships and supervised estates, fees deposited with an attorney as advancement against
future fees, sometimes known as a retainer, are not to be paid from the estate of the protected
person or deceased person without prior Court approval.
420.2 Fees shall be in the amount determined by the Court to be reasonable, irrespective of
whether a fee agreement requires payment from estate assets of fees in excess of that amount.
420.3 A petition for fees must be signed or approved in writing by the personal representative
or guardian.
420.4 Partial fees in a supervised estate may be requested when:
1. An intermediate accounting has been approved, or
2. The Court finds upon petition that a tax advantage will result from payment of
partial fees.
420.5 In all other cases, payment of fees in supervised estates shall be authorized as follows:
1. One-half upon the filing of an inheritance tax return or upon a Court
determination of no taxes due: and
2. The remaining one-half upon approval of the final account.
420.6 A guardian or guardian's attorney may petition for fees at the time of filing an inventory.
Other than as provided hereafter, no further petition for fees may be filed until a biennial, annual,
or final accounting has been filed. When unusual circumstances require substantial work in a
guardianship, the Court may award fees prior to the approval of an account.
420.7 All petitions for fees for personal representatives, guardians or attorneys shall specifically
set forth all services performed in detail as well as the amount of the fee requested and how it has
been calculated.
420.8 Unjustified delays in carrying out duties by the personal representative, guardian or
attorney will result in a reduction of fees.
420.9 The Court has no jurisdiction to rule on fee petitions when there is a guardianship over
the person only.
Provenance
- Source
- www.in.gov
- Retrieved
- 2026-10-02
- Edition
- supplied-in-28-53-marion-local-rules-2026-10-02
- Content hash
7dde1799bc23c1e020cc92a20be5a0d2d46e5b1aba58ad56e53ec04a772dba37
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