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Rule 33. Compensation for Fiduciaries, Attorneys, Guardians ad Litem, and Statutory Representat...

Arizona Revised Statutes AnnotatedArizona Rules of Probate ProcedureEffective: January 1, 2022

Arizona Revised Statutes Annotated
Arizona Rules of Probate Procedure (Refs & Annos)
Part V. General Roles and Duties of Participants
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
(a) Generally.
(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).
(b) Content of Request for Approval. Any request for approval of compensation must be accompanied by statements that include the following information:
(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.
(2) If requested fees are not based on hourly rates, the statement must include an explanation of the fee arrangement and a computation of the fee for which approval is sought.
(3) If the request includes reimbursement of costs, the statement must specify each cost, the date the cost was incurred, the purpose of the cost, and the amount of reimbursement requested or, if reimbursement of costs is based on some other method, an explanation of the method being used.
(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.
(d) Approval by Separate Petition. If a request for approval of fees is not included in a petition for approval of the fiduciary's account, a fiduciary, an attorney, a guardian ad litem, or a statutory representative may file a separate petition for approval of compensation.
(e) Waiver. An attorney, a guardian ad litem, or a statutory representative waives compensation from the estate of a ward or protected person if a request is not timely submitted under A.R.S. § 14-5110.
(f) Objections. A person who opposes a request for approval of compensation must file a response as prescribed in Rule 15(e). The response must provide a specific basis for each objection.
(g) Fee Guidelines. When determining whether compensation is reasonable, the court must follow statewide fee guidelines contained in A.C.J.A. § 3-303.

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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