§ 13.7.1 RULE 33 FEE STATEMENTS

• Jurisdiction: Arizona

§ 13.7.1 Rule 33 Fee Statements

To establish more uniform procedures in probate cases statewide, the Arizona Supreme Court adopted the Arizona Rules of Probate Procedure effective January 1, 2009. These rules supersede any county's Local Rules that are inconsistent with the statewide rules. One rule – Ariz. R. Prob. P. 33 – sets statewide standards for information required in attorneys' fees statements submitted in probate court and procedures for notice and objections related to those statements. That rule, as it relates to attorneys' fees, is as follows:

Rule 33. Compensation for Fiduciaries and Attorneys; Statewide Fee Guidelines

A. A guardian, conservator, attorney or guardian ad litem who intends to be compensated by the estate of a ward or protected person shall give written notice of the basis of any compensation as required by Arizona Revised Statutes Section 14-5109.

B. Unless otherwise ordered by the court, a petition that requests approval of compensation for a personal representative, trustee, guardian, conservator, guardian ad litem, attorney representing such fiduciary, or an attorney representing the subject person in a guardianship or conservatorship proceeding for services rendered in proceedings under A.R.S. Title 14 shall be accompanied by a statement that includes the following information:

1. If compensation is requested based on hourly rates, a detailed statement of the services provided, including the tasks performed, the date each task was performed, the time expended in performing each task, the name and position of the person who performed each task, and the hourly rate charged for such services;

2. An itemization of costs for which reimbursement is sought that identifies the cost item, the date the cost was incurred, the purpose for which the expenditure was made, and the amount of reimbursement requested, or, if reimbursement of costs is based on some other method, an explanation of the method being used for reimbursement of costs; and

3. If compensation is not based on hourly rates, an explanation of the fee arrangement and computation of the fee for which approval is sought.

C. Copies of all petitions for compensation and fee statements shall be provided to or served on each party and person who has appeared or requested notice in the case. Proof of such service shall be filed with the court.

D. If a petition for compensation or fees is contested, the objecting party shall set forth all specific objections in writing, and a copy of such written objections shall be given to or served on each party and person who has appeared or requested notice in the case. Proof of service or delivery of such notice shall be filed with the court.

E. When an attorney or fiduciary fee statement accompanies an annual accounting, the fee statement shall match the charges reported in the annual accounting or a reconciliation of the fee statement to the accounting shall be provided by the fiduciary

F. When determining reasonable compensation, the superior court shall follow the statewide fee guidelines set forth in the Arizona code of judicial administration.

G. Unless ordered by the court, neither a personal representative nor a personal representative's attorney is required to file a petition for approval of such person's fees.

H. Compensation payable to attorneys or guardians ad litem from the estate of a ward or protected person is waived if not submitted in compliance with Arizona Revised Statutes, Section 14-5110.

Ariz. R. Prob. P. 33.

Rule 33, section F, refers to guidelines set forth in the Arizona Code of Judicial Administration. These Guidelines are as follows:

Section 3-303: Professional Services: Statewide Fee Guidelines and Competitive Bids

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