No Abuse Of Discretion Shown By Probate Judge.
Probate Code section 10811 gives a probate court discretionary authority to allow fees for extraordinary services by an attorney for the personal representative of an estate, with examples being listed in CRC, rule 7.703(c). Furthermore, Probate Code section 10832 authorizes the probate court to allow extraordinary fees before final distribution of the estate if certain conditions are met, such as where the estate administration will continue for a long time, a present payment will benefit the estate/its beneficiaries, or “other good cause.”
In Estate of Chatelain, Case No. B295318 (2d Dist., Div. 2 July 29, 2020) (unpublished), a probate court awarded $48,625 out of a requested $68,175 in requested extraordinary fees for attorneys representing the administrator/special administrator two estates, including a $8,625 fee request which enabled one estate to recover a $250,000 estate tax refund (with this latter one paid out of the other estate). This interim award was affirmed on appeal, even though no final accounting had been approved. Given the work by the attorneys (especially on the tax refund), the Probate Code and CRC provisions justified the award—no abuse of discretion.
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