Ind. Porter Cnty. Probate Rules App. C

MAXIMUM

FEE GUIDELINES AND RULES FOR

SUPERVISED ESTATES P R E

A M B L E

PURPOSE OF THE FEE SCHEDULE

The Probate Committee of the Indiana Judicial Conference has prepared Guidelines for

Estate Fees in an effort to achieve the following objectives:

1. Establish uniformity throughout the State in determining a fair and reasonable fee for supervised

estates;

2. Provide a guideline to assist the Court in determining fair and reasonable fees;

3. Furnish a guideline to attorneys so they can discuss fees that may be reasonably incurred with

their clients at the onset of administration;

4. Assist the legal profession to arrive at a fair and reasonable fee for estate work. The schedule

is NOT a minimum fee schedule, but a maximum fee schedule. Every

attorney and personal representative has an obligation to request a fee which is fair and reasonable for the

work performed, taking into account that provisions of the Rules of Professional Conduct applicable to

attorneys admitted to practice law in the State of Indiana. However, any request for fees should not exceed

the guidelines set out in the schedule. In an uncomplicated estate, fees should be less than the maximum

fees listed in this schedule, and fees should always bear a reasonable relationship to the services rendered.

PRINCIPLES APPLICABLE TO FEE DETERMINATIONS

Although fee guidelines have been promulgated by the Court for probate matters, it is important that

your attention be directed to certain criteria as they pertain to these guideline. The existence of the

guidelines does not assure that all fees allowed by the Court will adhere to them. Other factors must be

considered by the attorney and his, or her, client. The same factors will also be considered by the Court in

making its final determination.

The criteria to be considered including the following:

A. The time and labor required, the novelty, complexity, or difficulty of the questions involved, the

skill required to perform the services properly, and shall include a determination as to how much of

the attorney's time was devoted to legal matters and how much of it was devoted to ministerial

functions;

B. The nature and extent of the responsibilities assumed by the attorney and the results obtained, and

shall include the considerations of the identity of the personal representative and the character of the

probate and non-probate transferred assets;

C. The sufficiency of assets properly available to pay for legal services, and shall consider whether

the attorney's duties are expanded by the existence of non-probate assets because of their inclusion

for tax purposes, both federal and state;

D. The timeliness with which the necessary services are performed consistent with statutory

requirements, the Court's rules of procedure and the Rules of Professional Conduct applicable

thereto.

In considering all of these factors, all attorneys are urged to discuss their fee and that of the personal

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

ATTORNEY FEES I.

Administration

Gross Estate services are considered to normally include: 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 the Inheritance Tax Schedule, obtaining the Court

order thereon and paying the taxes, preparing and filing the Final Report, obtaining order approving same,

distributing assets, obtaining discharge of the personal representative, and preparing and serving all notices

on interested parties and readily ascertainable creditors throughout the proceedings. This list shall not be

considered to be exclusive.

A. Gross Estate:

Up to $100,000, not to exceed.......................6% Next

$200,000, not to exceed. ....................... 4% Next $700,000,

not to exceed.........................3% Over $1,000,000, not to

exceed. .................... 1%

B. Miscellaneous - Extraordinary Services:

Sale of Real Estate. ............................. $500.00

Federal Estate Tax Return:

Basic Fee.................................. $600.00

Assets exceeding those indicated

in Inheritance Tax Schedule. ............... 1%

Inheritance Tax Schedule:

Cash, stock, bonds, other intangibles - non-probate assets. ......... l% Other

assets - non-probate assets........ 1.5%

Petition - ex parte......................... $175.00

Other Than as Provided Above...... $85.00 per hour

(Attorney's expertise in probate matters will be considered by the Court in determining the

applicable hourly rate.)

II. Miscellaneous

A. Probate Will only....................................... $175.00

B. Small Estate settlement procedure............... $300.00

C. Inheritance Tax Schedule (see above) D.

Federal Estate Tax Return (see above)

III. Wrongful Death Administration A. Fees

not to exceed:

Settlement prior to filing......................... 25%

Settlement after filing and

prior to trial..................................... ..33-1/3%

Trial. .......................................................40% Appeal, or

extra work. ........................... 50%

IV. General

Fees will be computed on an hourly basis only for extraordinary services or for services not

specified above. Fee petitions requesting extraordinary fees must set forth services rendered with

specificity. Extraordinary services, depending upon the circumstances prevailing in each individual matter,

may include: sale of personal property, sale of real property, partial distribution, defending a Will,

construing a Will, contesting claims, adjusting tax matters, any contested hearing, petition for instructions,

heirship determination, generating additional income for the estate, federal estate tax return, etc. All fee

petitions must specifically set forth the fee requested for both the personal representative and the attorney

and will be set for hearing.

If all interested parties sign a waiver and consent stating that they have been advised the additional

fee request exceeds the Court's guidelines and that the services as detailed are extraordinary, the Court may

not require a hearing. A suggested form of acceptable waiver is attached. The Court will not determine

and allow fees in an Unsupervised Administration. Fees determined on non-probate transferred assets

should be charged against the transferees of these assets and not the estate.

PERSONAL REPRESENTATIVE FEES

I. Professional

Their applicable reasonable rate to be reviewed in light of all prevailing circumstances.

II. Non-Professional

An amount not in excess of one-half (1/2) of the attorney's fee.

III. Attorney

When the attorney also serves as the personal representative, an additional amount not in excess of

one-third (1/3) of the attorney fee may be allowed, provided:

A. Additional services have been performed which are normally done by the personal

representative; and

B. Assets of the estate warrant the allowance of additional fees.

In all instances, the combined total of the fees allowed to the personal representative and

attorney for the administration of an estate shall not exceed ten percent (10%) of the decedent's

gross estate.

WAIVER AND CONSENT TO ALLOWANCE

OF FEES IN EXCESS OF GUIDELINES

When an attorney reasonably believes that extraordinary circumstances exist and requests

fees that exceed the Guidelines, it is suggested that all affected parties either sign a waiver and

consent, or the fees be determined only after notice to the affected parties and hearing on the

petition. The waiver and consent should not be merely a pro forma waiver and consent, but

should be in substantially the following form:

IMPORTANT: PLEASE READ BEFORE SIGNING!

WAIVER AND CONSENT

The undersigned, an interested party in the Estate of, understands

that:

A. The maximum fee ordinarily allowed by the Court for legal services in this

estate would amount to $ .

B. The attorney has requested fees in the amount of $ , alleging that

extraordinary and unusual services have been performed.

The undersigned, being fully advised, now consents to the allowance of the

requested fee, waives any notice of hearing on the Petition and requests that the

Court allow fees in the amount of $ .

Dated:

Devisee/Heir