Law Offices of Craig Willford

Payment of Statutory and Extraordinary Fees and other Distributions before the Closing in Decedent's Estates

Data as of August 20, 2011

• In most instances, probate estates complete before any payment is made on attorney fees (statutory or extraordinary), personal representative's fees (statutory or extraordinary) or on distributions to beneficiaries.
• There are instances in which exceptions can be made. Included among these are instances in which the estate takes longer than normal for some reason or in which a beneficiary has some special need.
• Where a showing can be made to persuade the court that an allowance upon fees should be made or a preliminary distribution should be made, then a Petition can be prepared and filed, supported by appropriate Declaration(s) in support, and set for hearing.
• In deciding to allow, disallow, or partially allow the preliminary distribution or the allowance on fees, the court will be concerned with a number of things:
  • Have the statutory requirements been met?
  • Can the estate afford it and still function through the close?
  • Is the amount sought for the distribution/allowance on fees properly calculated?
  • Have all the creditors been paid?
  • If not, are the creditors protected even with the proposed distribution/allowance?
  • Is the case so close to closing that preliminary distribution is not really necessary?
• After the Court makes its oral order for the preliminary distribution and/or the allowance on fees, a formal written order needs to be prepared and submitted to the court. It will be reviewed by the Probate Attorney/Examiner first, then if approved the Court will sign it, the Clerk will file it and the copy will be conformed and returned.
• Only at that stage, can the preliminary distribution or allowance on fees be made.

This page and all pages of the www.craigwillford.com web site is copyright by Craig Willford on various dates; this page from 2003 to 2011.