Law Offices of Craig Willford

Extraordinary Fees in Decedent's Estates

Data as of August 21, 2011

• Extraordinary Fees are awardable in the court's discretion for services rendered that are outside the normal tasks to be performed for the Statutory Fee
• The most commonly encountered extraordinary task in a probate is the sale of assets, such as the house. Certain tax returns can also generate an extraordinary fee request.
• The Personal Representative can also ask for extraordinary fees for extraordinary task he or she performs. As a consequence, it is important that he or she keep track of the date, elapsed time, and tasks that they perform so as to support their declaration for such fees.
• There isn't a guaranty that the court will award such fees as requested, but if the estate is better off as a consequence of the extraordinary services, then it is likely that the court will award a reasonable fee.
• The reasonable hourly rate to seek for such hours on extraordinary tasks depends upon the skills and abililties the person can apply to the task. I ask the court to award extraordinary fees to me founded upon my then current hourly rate.

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