Sup. Ct. R. D.C. app B R. R. B-19
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Probate Division
| Estate of: | ) |
| ) Administration No. | |
| ....................... | ) |
| ) | |
| Deceased. | ) |
REQUEST FOR COMPENSATION FOR SERVICES
Value of:
Tangible personal property........................
Intangible personal property......................
Real property in the District of Columbia...........................
Estate Income...............................................,
.........., personal representative of the captioned estate, requests compensation for services as personal representative in the amount of $....., and compensation for...................., attorney for the personal representative, in the amount of $....., in accordance with D.C. Code § 20-751 (1981).
[NOTE]: Usually, the compensation sought will be considered reasonable if the aggregate amounts requested by the personal representative and by the attorney for the personal representative are reasonable or if the number of hours spent and the hourly compensation rate are reasonable.
[NOTE]: In lieu of stating hours spent and hourly rates, a trust company may file a copy of its current fee schedule.
[NOTE]: If a personal representative is not an attorney or a trust company, he or she may not have an hourly rate for rendering estate administration services. If this should be the case, the personal representative should so state in the request for compensation. See Rule B-19(a)(3)(B). If an hourly rate is given for such services, a brief explanation should be furnished as to how the rate was determined. It would be useful, in any event, for the personal representative to state the number of hours spent to date and the number of additional hours anticipated to be spent. If the personal representative deems it relevant, he or she should indicate any professional or personal relationship he or she had with the deceased, and his or her usual occupation and earnings.
[NOTE]: If a flat fee is charged, explain the basis therefor. If a flat fee is stated in unequivocal terms, the attorney should state any limitations on the services to be performed (e.g., that there are no more than x number of hours to be expended).
[NOTE]: The usual and ordinary work to be performed by an attorney in the administration of the estate is set forth in The Role and Function of the Estate Attorney, 12 A.B.A., Real Property, Probate and Trust Journal, 12:223 (Spring, 1977).
[NOTE]: A brief summary of the work involved in the administration of the estate should be provided.* If under any other provision of this rule additional documentation is required to describe more fully the work performed or the results achieved, such additional documentation should be included here.
* For example:"The personal representative diligently marshalled the assets of the estate, invested the same and collected the income therefrom, paid all just debts, claims, and expenses of administration, established and maintained books and records of assets received and disbursements made, caused to be completed final Federal and District of Columbia tax returns, filed necessary inventories and appraisals, and [state number] Accounts (including the Final Account), caused to have prepared and filed the Federal Estate Tax Return, the District of Columbia inheritance or estate transfer tax return, as applicable, and the District and Federal fiduciary income tax returns, and will, following the approval of the Final Account, complete distribution of assets in accordance with the decedent's Last Will. The personal representative will also, at the end of the final fiduciary income tax year, cause to be prepared and filed the final Federal and District of Columbia fiduciary income tax returns for the estate."
[NOTE]: If all time limitations were not met, state the date the compliance was due, the actual date for compliance and the reasons for the delay.
Respectfully submitted,
............................................
Personal Representative
VERIFICATION BY PERSONAL REPRESENTATIVE
......................, personal representative of the estate of......................, deceased, do solemnly declare and affirm under penalty of law that the contents of the foregoing document with respect to services performed by the personal representative are true and correct to the best of the personal representative's knowledge, information, and belief.
............................................
Personal Representative
VERIFICATION BY ATTORNEY FOR PERSONAL REPRESENTATIVE
......................, attorney for the personal representative of the estate of....................., deceased, do solemnly declare and affirm under penalty of law that the contents of the foregoing document with respect to the services rendered by me or by my firm are true and correct to the best of my knowledge, information, and belief.
..............................
Attorney for
Personal Representative
..............................
Bar Number
Address and Telephone No.
..............................
..............................
NOTICE TO INTERESTED PERSONS
You are hereby notified that you may file written objections with the Register of Wills and serve a copy thereof on the personal representative and the personal representative's attorney within 20 days of the mailing to you of this Notice of Request for Compensation for Services. Reasons for your objections should be stated.
If you execute a Consent to the Request for Compensation for Services, you will waive your statutory right to file objections thereto.
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Probate Division
| Estate of: | ) |
| ) Administration No. | |
| ....................... | ) |
| ) | |
| Deceased. | ) |
CONSENT BY INTERESTED PERSON TO REQUEST FOR COMPENSATION FOR SERVICES AND WAIVER
I,...................., am entitled to receive a share of the above estate. I have received acopy of the REQUEST FOR COMPENSATION FOR SERVICES.
I am aware that compensation is being requested by the personal representative in the amount of $........, and by the attorney for the personal representative in the amountof $........, for a total of $ ........I am aware that the total of the estate's assets andincome amount to $.......
I am aware that compensation requests are generally carefully reviewed by the court in the absence of a Consent and Waiver signed by each interested person. I am aware that this Consent and Waiver will be filed with the Register of Wills and that, if a Consent and Waiver is filed on behalf of every other interested person, the court may approve the compensation requested, based solely on the request as filed.
I am aware that I have the statutory right to file with the Register of Wills written objections to the compensation request within 20 days of the mailing of the Notice thereof to me and that my execution of this Consent and Waiver constitutes a waiver of that right.
I hereby consent and agree to the payment of the amounts requested and I hereby waive my statutory right to file objections to the Request for Compensation.
..................
Signature
Dated:......................
[NOTE]: Unusual or complicating factors, such as a will contest, disputes among interested persons, difficulties in locating assets, operating or disposing of a closely held business, and tax audits, should be described in detail. Information should also be provided with respect to the retention of any agents such as accountants, investment advisors, or other attorneys, including the reason for the retention, the tasks they performed, the amounts they were paid, and the basis for their compensation (flat fee, hourly rate, etc.).
Sup. Ct. R. D.C. app B R. R. B-19