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LORAIN COUNTY LOCAL RULES
71.1 Schedule of Attorney Fees for Estate Relieved, Administration of Decedent’s Estate, Guardianship, and Trust
- The schedule of compensation hereinafter set forth shall serve as a guide in determining if a hearing will be required on fees for legal services of an ordinary nature rendered as attorney for the fiduciary. Such schedules, however, are not to be considered as schedules of minimum or maximum fees to be charged. Further, if by reason of the application of such percentages to values of assets or to amounts of income, a disparity or injustice results, such disparity or injustice may be reviewed either on the Court’s own motion in respect to any account reflecting such compensation or upon exceptions to such an account.
- In all cases where payment of attorney fees is requested, and whether or not an application or hearing is otherwise required by Court rule, the appropriate computation form set forth in the Appendix herein shall be submitted to the Court.
- The following schedule shall apply whether or not the fiduciary acts as his own counsel. In the event an attorney is a fiduciary, the fiduciary may obtain the services of another attorney as his counsel.
- Administration of an Estate (See County Local Form 71.2(A), Appendix B1). When an attorney has been employed by an estate, there may be charged:
- 5% of the amount up to the first $250,000.00, and
4% of the amount up to the next $250,000.00, and
3% of the amount in excess of $500,000.00
of the appraised value of all personal property included in the probate estate including:
all income received into the estate during the administration proceedings; all real estate
sold through probate land sale proceedings; and all property taken by the surviving spouse
at the appraised value thereof.
- 3% of the gross proceeds of sale of all real estate sold under Power of Sale contained in the Will.
- 3% of the amount up to the first $50,000.00 and 2% of the amount in excess of $50,000.00 of the appraised value of all real estate transferred without sale or election.
- 2% of the amount up to the first $50,000.00 and 1% of the amount in excess of $50,000.00 of the actual value of all other property reported or reportable, without exemption or deduction on any tax return as to any taxable succession and not otherwise included in the probate estate or order relieving the probate estate from administration.
- For extraordinary legal services there may be charge additional sums as set forth in these rules.
- Estate Relieved from Administration (See County Local Form 71.2(B) Appendix B2). When an attorney has been employed to procure relief of an estate from administration, there may be charged;
- 10% of the amount up to the first $2,500.00, and
- 5% of the amount up to the next $7,500.00 and
- 2% of the amount in excess $10,000.00 of the true value of all assets subject to the order relieving the estate from administration, together with:
- 2% of the amount up to the first $50,000.00, and 1% of the amount in excess of $50,000.00 of the actual value of all other property reported or reportable, without exemption or deduction on any tax return, as to any taxable succession and not otherwise included in the probate estate or order relieving the probate estate from administration, together with any fee charges applicable to extraordinary legal services, which may be charged as set forth in these rules.
- Guardianships and Trusts (See County Local Form 71.2(C), Appendix B3). When an attorney has been employed to represent a guardian or trustee, there may be charged as part of the administration expenses:
- As to proceedings pertaining to termination and distribution, 2% of the amount up to the first $50,000.00 and 1% in excess of $50,000.00 of the actual value of all property of the guardianship or of the trust then subject to order of termination; then subject to order of termination; then subject to order of distribution; or then includable in any estate or other tax return as a taxable succession.
- As to proceedings pertaining to accounting, 4% of the amount up to the first $5,000.00 and 2% of the amount in excess of $5,000.00 of the larger of the receipts or the disbursements of all monies and properties, received or disbursed, and for which such accounting is made.
- For all other legal services, there may be charged additional sums as set forth in these rules.
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