(1) A fiduciary
and his or her lawyer are entitled to reasonable compensation for services rendered
on behalf of an estate.
(2) A lawyer hired by a respondent, ward, or protected person is entitled to
reasonable compensation and costs incurred for the legal representation the
lawyer provides for the respondent, ward, or protected person.
(3) A third party who performs services at the request of a court is entitled to
reasonable compensation.
(4) A person's entitlement to compensation or costs shall not limit or remove
a court's inherent authority, discretion, and responsibility to determine the
reasonableness of compensation and costs when appropriate.
(5) Except as limited or otherwise restricted by a court order, compensation
and costs that may be recovered pursuant to this section may be paid directly or
reimbursed without a court order. After a fiduciary receives notice of proceedings
for his, her, or its removal, the fiduciary shall not pay compensation or attorney fees
and costs from the estate without an order of the court. A court shall order a person
who receives excessive compensation or payment for inappropriate costs to make
appropriate refunds.
(6) Except as provided in sections 15-10-605 (2), (3), and (4); 15-14-318 (4);
and 15-14-431 (5), if any fiduciary or person with priority for appointment as
personal representative, conservator, guardian, agent, custodian, or trustee
defends or prosecutes a proceeding in good faith, whether successful or not, the
fiduciary or person is entitled to receive from the estate reimbursement for
reasonable costs and disbursements, including but not limited to reasonable
attorney fees.
(7) (a) Except as otherwise provided in part 5 of this article or in this part 6, a
nonfiduciary or his or her lawyer is not entitled to receive compensation from an
estate.
(b) If a lawyer or another person not appointed by the court provides services
that result in an order beneficial to the estate, respondent, ward, or protected
person, the lawyer or other person not appointed by the court may receive costs
and reasonable compensation from the estate as provided below:
(I) The lawyer or other person shall file a request for compensation for
services or costs alleged to have resulted in the order within thirty-five days after
the entry of the order or within a greater or lesser time as the court may direct. Any
objection thereto must be filed within twenty-one days after the filing of the
request for compensation or costs. Any reply to the objection must be filed within
seven days after the filing of the objection.
(II) After a request for compensation or costs or an objection to such a
request, if any, has been filed, the court shall determine, without a hearing, the
benefit, if any, that the estate received from the services provided.
(III) If the court determines that a compensable benefit resulted from the
services, then the person requesting compensation or costs shall submit to the
court only those fees or costs purportedly incurred in providing the beneficial
services. If no objection to those fees and costs is filed, the court shall determine
the amount of compensation or costs to be awarded for the benefit, without a
hearing.
(IV) An interested person disputing the reasonableness of the amount of
compensation or costs requested for the beneficial services may file an objection. If
an objection is filed, the proceedings to resolve the dispute shall be governed by
section 15-10-604.
(c) In determining a reasonable amount of compensation or costs, the court
may take into account, in addition to the factors set forth in section 15-10-603 (3):
(I) The value of a benefit to the estate, respondent, ward, or protected
person;
(II) The number of parties involved in addressing the issue;
(III) The efforts made by the lawyer or person not appointed by the court to
reduce and minimize issues; and
(IV) Any actions by the lawyer or person not appointed by the court that
unnecessarily expanded issues or delayed or hindered the efficient administration
of the estate.
(d) For the purposes of this subsection (7), services rendered by a lawyer or a
person not appointed by a court that confer a benefit to an estate, respondent,
ward, or protected person are those significant, demonstrable, and generally
noncumulative services that assist the court in resolving material issues in the
administration of an estate. By way of example and not limitation, such benefits
may result in significantly increasing or preventing a significant decrease in the size
of the estate, preventing or exposing maladministration or a material breach of
fiduciary duty, or clarifying and upholding a decedent's, settlor's, principal's,
respondent's, ward's, or protected person's intent with respect to a material issue in
dispute.
(8) A fiduciary who is a member of a law firm may use the services of the law
firm and charge for the reasonable value of the services of the members and staff
of the firm that assist the fiduciary in performing his or her duties.
(9) Every application or petition for appointment of a fiduciary filed under
this code, including without limitation those required under sections 15-12-301, 15-12-402, 15-12-614, 15-12-621, 15-12-622, 15-14-202, 15-14-204, 15-14-304, and 15-14-403, shall include a statement by the applicant or petitioner disclosing the basis
upon which any compensation is to be charged to the estate by the fiduciary and his
or her or its counsel or shall state that the basis has not yet been determined. The
disclosure statement shall specifically describe, as is applicable, the hourly rates to
be charged, any amounts to be charged pursuant to a published fee schedule,
including the rates and basis for charging fees for any extraordinary services, and
any other bases upon which a fee charged to the estate will be calculated. This
disclosure obligation shall be continuing in nature so as to require supplemental
disclosures if material changes to the basis for charging fees take place.