Rule 33. Compensation for Fiduciaries, Attorneys, Guardians ad Litem, and Statutory Representat...
Arizona Revised Statutes AnnotatedArizona Rules of Probate ProcedureEffective: January 1, 2022
Effective: January 1, 2022
17B A.R.S. Rules Probate Proc., Rule 33
Rule 33. Compensation for Fiduciaries, Attorneys, Guardians ad Litem, and Statutory Representatives
(1) Guardianships and Conservatorships. A request for approval of fees for a guardian, a conservator, an attorney, a guardian ad litem, or a statutory representative to be paid from an estate of a ward or protected person, or a trust that the ward or protected person established, must be made in a petition filed under section (c) or section (d) of this rule.
(2) Decedents' Estates and Trusts. A personal representative, a trustee, a guardian ad litem, a statutory representative, or an attorney for any of them, is not required to request court approval of fees to be paid from the estate or trust, unless the court orders otherwise. If approval is requested, the request must be made in a petition filed under section (c) or section (d).
(1) If requested fees are based on hourly rates, the statements must specify the services provided and explain the tasks performed, the date each task was performed, the time expended in performing each task, the name and position of the person who performed each task, and the hourly rate charged for such services. Block billing is not permitted.
(c) Approval in an Account. If a petition requests approval of a fiduciary's account and the account lists fees paid to a fiduciary, an attorney, a guardian ad litem, or a statutory representative, the petition must request the court's approval of those fees paid during the accounting period. Statements that document the fees paid and conform with section (b) must be submitted with the petition.
Credits
Added Aug. 29, 2019, effective Jan. 1, 2020. Amended on an emergency basis Aug. 25, 2021, effective Sept. 29, 2021, adopted on a permanent basis effective Jan. 1, 2022.
17B A. R. S. Rules Probate Proc., Rule 33, AZ ST PROB Rule 33
State Court Rules are current with amendments received through March 1, 2024. The Code of Judicial Administration is current with amendments received through February 15, 2024.
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