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Local Rule - State of Indiana

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II.III.MiscellaneousA. Probate Will only........................................$175.00B. Small Estate settlement procedure...............$300.00C. Inheritance Tax Schedule (see above)D. Federal Estate Tax Return (see above)Wrongful Death AdministrationA. Fees not to exceed:Settlement prior to filing..........................25%Settlement after filing andprior to trial .......................................33-1/3%Trial........................................................40%Appeal, or extra work.............................50%IV. GeneralFees will be computed on an hourly basis only for extraordinary services or for services notspecified above. Fee petitions requesting extraordinary fees must set forth services rendered withspecificity. Extraordinary services, depending upon the circumstances prevailing in eachindividual matter, may include: sale <strong>of</strong> personal property, sale <strong>of</strong> real property, partialdistribution, defending a Will, construing a Will, contesting claims, adjusting tax matters, anycontested hearing, petition for instructions, heirship determination, generating additional incomefor the estate, federal estate tax return, etc. All fee petitions must specifically set forth the feerequested for both the personal representative and the attorney and will be set for hearing.If all interested parties sign a waiver and consent stating that they have been advised theadditional fee request exceeds the Court's guidelines and that the services as detailed areextraordinary, the Court may not require a hearing. A suggested form <strong>of</strong> acceptable waiver isattached. The Court will not determine and allow fees in an Unsupervised Administration. Feesdetermined on non-probate transferred assets should be charged against the transferees <strong>of</strong> theseassets and not the estate.PERSONAL REPRESENTATIVE FEESI. Pr<strong>of</strong>essionalTheir applicable reasonable rate to be reviewed in light <strong>of</strong> all prevailing circumstances.II.Non-Pr<strong>of</strong>essionalAn amount not in excess <strong>of</strong> one-half (1/2) <strong>of</strong> the attorney's fee.III. AttorneyWhen the attorney also serves as the personal representative, an additional amount not inexcess <strong>of</strong> one-third (1/3) <strong>of</strong> the attorney fee may be allowed, provided:A. Additional services have been performed which are normally done by the personalrepresentative; andB. Assets <strong>of</strong> the estate warrant the allowance <strong>of</strong> additional fees.61

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