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RULE 6-416. ATTORNEY'S FEES OR PERSONAL REPRESENTATIVE'S COMMISSIONS

West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2023

West's Annotated Code of Maryland
Maryland Rules
Title 6. Settlement of Decedents' Estates
Chapter 400. Administration of Estates
Effective: July 1, 2023
MD Rules, Rule 6-416
RULE 6-416. ATTORNEY'S FEES OR PERSONAL REPRESENTATIVE'S COMMISSIONS
Currentness
(a) Subject to Court Approval.
(1) Contents of Petition.
(A) Generally. When a petition for the allowance of attorney's fees or personal representative's commissions is required, it shall be verified and shall state in reasonable detail the basis for the current request and (i) the amount of all fees or commissions previously allowed, (ii) the amount of fees or commissions that the petitioner reasonably estimates will be requested in the future, (iii) the amount of fees or commissions currently requested, (iv) any additional fees or commissions anticipated or previously allowed in connection with an election by or on behalf of a surviving spouse to take an elective share, and (v) that the notice required by subsection (a)(3) of this Rule has been given.
(B) Compensation in Connection with an Elective. Share When a petition for the allowance of additional attorney's fees or personal representative's commissions in connection with an election by or on behalf of a surviving spouse to take an elective share under Code, Estates and Trusts Article, § 7-603(b) is required, it shall be verified and shall state in reasonable detail the basis for the current request and (i) the amount of all fees or commissions previously allowed, (ii) the amount of fees or commissions that the petitioner reasonably estimates will be requested in the future, (iii) the amount of fees or commissions currently requested, (iv) the amount of fees or commissions under this subsection consented to by all interested persons, and (v) that the notice required by subsection (a)(3) of this Rule has been given. A petition under this subsection may be combined with a petition under subsection (a)(1)(A) of this Rule.
Committee note: Code, Estates and Trusts Article, § 7-603(b)(2) states that the amount of compensation or attorney's fees consented to by all interested persons is presumed to be reasonable.
(2) Filing--Separate or Joint Petitions. Petitions for attorney's fees and personal representative's commissions shall be filed with the court and may be filed as separate or joint petitions.
(3) Notice. The personal representative shall serve on each unpaid creditor who has filed a claim and on each interested person a copy of the petition accompanied by a notice in the following form:
NOTICE OF PETITION FOR ATTORNEY'S FEES OR PERSONAL REPRESENTATIVE'S COMMISSIONS
You are hereby notified that a petition for allowance of attorney's fees or personal representative's commissions has been filed. You have 20 days after service of the petition within which to file written exceptions and to request a hearing.
(4) Allowance by Court. Upon the filing of a petition, the court, by order, shall allow attorney's fees or personal representative's commissions as it considers appropriate, subject to any exceptions.
(5) Exception. An exception shall be filed with the court within 20 days after service of the petition and notice and shall include the grounds therefor in reasonable detail. A copy of the exception shall be served on the personal representative.
(6) Disposition. If timely exceptions are not filed, the order of the court allowing the attorney's fees or personal representative's commissions becomes final. Upon the filing of timely exceptions, the court shall set the matter for hearing and notify the personal representative and other persons that the court deems appropriate of the date, time, place, and purpose of the hearing.
(b) Payment of Attorney's Fees and Personal Representative's Commissions Without Court Approval.
(1) Consent in Lieu of Court Approval.
(A) Procedure. Upon the filing of a completed Consent to Compensation for Personal Representative and/or Attorney form substantially in the form set forth in subsection (b)(1)(B) of this Rule, the personal representative may pay attorney's fees and personal representative's commissions without court approval if the combined sum of all payments of attorney's fees authorized under Code, Estates and Trusts Article, § 7-602(a) and personal representative's commissions authorized under Code, Estates and Trusts Article, § 7-601(a) does not exceed the amounts provided in Code, Estates and Trusts Article, § 7-601(b). Unless the Consent form is filed simultaneously with the final account or final report under modified administration, each payment consented to must be for services rendered by the attorney or personal representative prior to the date of the consent.
(B) Form of Consent. The consent stating the amounts of the payments shall be signed by (i) each creditor who has filed a claim that is still open and (ii) all interested persons, and filed with the register substantially in the following form:
BEFORE THE REGISTER OF WILLS FOR __________, MARYLAND IN THE ESTATE OF: __________ Estate No. __________
CONSENT TO COMPENSATION FOR PERSONAL REPRESENTATIVE AND/OR ATTORNEY
I understand that the law, Estates and Trusts Article, § 7-601, provides a formula to establish the maximum total commissions to be paid for personal representative's commissions. If the total compensation for personal representative's commissions and attorney's fees being requested falls within the maximum allowable commissions, and the request is consented to by all unpaid creditors who have filed claims and all interested persons, this payment need not be subject to review or approval by the Court. A creditor or an interested party may, but is not required to, consent to these fees.
The formula sets total compensation at 9% of the first $20,000 of the adjusted estate subject to administration PLUS 3.6% of the excess over $20,000. Based on this formula, the adjusted estate subject to administration known at this time is __________. The total allowable statutory maximum commission based on the adjusted estate subject to administration known at this time is __________, LESS any personal representative's commissions and attorney's fees previously approved as required by law and paid. To date, $ __________ in personal representative's commissions and $ __________ in attorney's fees have been paid.
IF ALL REQUIRED CONSENTS ARE NOT OBTAINED, A PETITION SHALL BE FILED, AND THE COURT SHALL DETERMINE THE AMOUNT TO BE PAID.
Cross reference: See 90 Op. Att'y. Gen. 145 (2005).
Total combined commissions and fees being requested for services prior to __________, 20___ are $ __________, to be paid as follows:
Amount To -- Name of Personal Representative/Attorney
 
 
 
 
I have read this entire form and I hereby consent to the payment of personal representative and/or attorney's fees in the above amount.
Date Signature Name (Typed or Printed)
 
 
 
 
 
____________________
Attorney Personal Representative
____________________
Attorney Personal Representative
____________________
Telephone Number
____________________
Facsimile Number
____________________
Email Address
(2) Payment of Contingency Fee for Services Other Than Estate Administration. The personal representative may pay attorney's fees without court approval if:
(A) the fee is paid to an attorney representing the estate in litigation under a contingency fee agreement signed by the decedent or by a previous personal representative;
(B) the fee is paid to an attorney representing the estate in litigation under a contingency fee agreement signed by the current personal representative of the decedent's estate provided that the personal representative is not acting as the retained attorney and is not a member of the attorney's firm;
(C) the fee does not exceed the terms of the contingency fee agreement;
(D) a copy of the contingency fee agreement is on file with the Register of Wills; and
(E) the attorney files a statement with each account stating that the scope of the representation by the attorney does not extend to the administration of the estate.
(3) Designation of Payment. When rendering an account pursuant to Rule 6-417 or a final report under modified administration pursuant to Rule 6-455, the personal representative shall designate any payment made under this section as an expense.
Cross reference: Code, Estates and Trusts Article, §§ 7-502, 7-601, 7-602, 7-603, and 7-604.

Credits

[Adopted June 28, 1990, eff. Jan. 1, 1991. Amended June 7, 1994, eff. Oct. 1, 1994; Feb. 10, 1998, eff. July 1, 1998; June 7, 2011, eff. July 1, 2011; Oct. 4, 2012, eff. Jan. 1, 2013; Sept. 17, 2015, eff. Jan. 1, 2016; December 13, 2016, eff. April 1, 2017; March 30, 2021, eff. July 1, 2021; April 1, 2023, eff. July 1, 2023.]
MD Rules, Rule 6-416, MD R DEC EST Rule 6-416
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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