RULE 6-416. ATTORNEY'S FEES OR PERSONAL REPRESENTATIVE'S COMMISSIONS
West's Annotated Code of MarylandMaryland RulesEffective: July 1, 2024
Effective: July 1, 2024
MD Rules, Rule 6-416
RULE 6-416. ATTORNEY'S FEES OR PERSONAL REPRESENTATIVE'S COMMISSIONS
(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.
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.
(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.
(A) Procedure. Upon the filing of a completed Consent to Compensation for Personal Representative and/or Attorney form substantially in the form required by 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 form approved by the Registers of Wills and posted on the Register of Wills forms website.
(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;
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; April 1, 2024, eff. July 1, 2024.]
MD Rules, Rule 6-416, MD R DEC EST Rule 6-416
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
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