Md. R. Estate Settlem. 6-416

As amended through September 13, 2024

Rule 6-416 - Attorneys Fees or Personal Representatives Commissions

(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 required by 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.

(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.

(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.

Md. R. Estate Settlem. 6-416

Adopted June 28, 1990, eff. 1/1/1991. Amended June 7, 1994, eff. 10/1/1994; 2/10/1998, eff. 7/1/1998; 6/7/2011, eff. 7/1/2011; 10/4/2012, eff. 1/1/2013; 9/17/2015, eff. 1/1/2016; 12/13/2016, eff. 4/1/2017; amended March 30, 2021, eff. 7/1/2021; amended April 21, 2023, eff. 7/1/2023; amended April 5, 2024, eff. 7/1/2024.

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.