Rule 9.060.Fees in Estates, Guardianships and Conservatorships
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 9.060
Plain-English Summary
Fees in probate and protective proceedings come out of someone else's money, so the court looks at them closely. This rule sets what must support a fee request and who has to be served with it.
Attorney fees requested in a protective proceeding must be supported by an affidavit that includes a fee itemization of the kind UTCR 5.080 calls for, setting out the justification for the amount requested. Attorney fees requested in a decedent's estate follow a different path: the affidavit must comply with the statute on attorney compensation in estates.
Personal representative fees have their own track. The statute sets standard amounts, and a request above them must be supported by an affidavit setting out the justification for the additional amount claimed. The affidavit is where a personal representative shows what took the work beyond the ordinary.
Service matters as much as support. All fiduciary and attorney fee applications, and accountings, in decedents' estates, guardianships, and conservatorships must be served in the manner and on the persons the cited statutes describe, together with any later amendments to those statutes.
Frequently Asked Questions
What supports an attorney fee request in a guardianship or conservatorship?
An affidavit that includes a fee itemization of the sort UTCR 5.080 requires, setting out the justification for the amount requested. A total figure with no itemization does not satisfy the rule.
Are attorney fees in a decedent's estate handled the same way?
No. For a decedent's estate the rule points to the statute governing attorney compensation in estates, and the supporting affidavit must comply with that statute rather than the protective proceeding itemization route.
When does a personal representative need an affidavit to get paid?
When the fee requested exceeds the statutory amounts. Up to those amounts the statute speaks for itself; above them the personal representative must file an affidavit setting out the justification for the additional claimed amount.
Who has to be served with a fee application or an accounting?
The persons the statutes cited in the rule describe, served in the manner those statutes set out. The requirement covers accountings as well as fee applications, in decedents' estates, guardianships, and conservatorships alike.
Does the rule cover a guardian's or conservator's own compensation?
The service requirement speaks of all fiduciary and attorney fee applications, so a request for fiduciary compensation is covered by it. The affidavit requirements in the earlier subsections address attorney fees and personal representative fees specifically.