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
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.
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 may be made without court approval if: the combined sum of all payments of attorney's fees 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.
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 fees being requested are $ _________, including $_________ under Code, Estates and Trusts Article, § 7-603(a) and $_________ under Code, Estates and Trusts Article § 7 - 603(b), _____________________________________ 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 |
______________________ | ______________________ |
Address | Personal Representative |
______________________ | |
Address | |
______________________ | |
Telephone Number | |
______________________ | |
Facsimile Number | |
______________________ | |
E-mail Address |
The personal representative may pay attorney's fees without court approval if:
Md. R. Estate Settlem. 6-416
HISTORICAL NOTES
2011 Orders
The June 7, 2011, rewrote the form in section (b)(1)(B).
2012 Orders
The October 4, 2012, order changed a word in subsection (a)(1), added language to section (b) pertaining to certain conditions for payment of attorneys' fees without court approval, and made stylistic changes.
2015 Orders
The September 17, 2015, order, amended the Rule to refer to a different personal representative in subsection (b)(1)(A), added a new subsection (b)(1)(A) pertaining to fees where the personal representative is an attorney, added a certain cross reference, and made stylistic changes.
2016 Orders
The December 13, 2016, order changed some of the terminology and added a sentence to address when consents have not been obtained.
Code, Estates and Trusts Article, §§ 7-502, 7-601, 7-602, 7-603, and 7-604.