§ 15-10-604. Fee Disputes – Process and Procedure
A dispute over the reasonableness of a request for compensation or costs authorized by this part 6 shall be resolved in accordance with the factors set forth in section 15-10-603 (3) and the process and procedure set forth in this section. For purposes of this section, a fee dispute shall be deemed to have arisen […]
§ 15-10-605. Compensation and Costs – Assessment – Limitations
If the court determines that any proceedings pursuant to this code or any pleadings filed in such proceedings were brought, defended, or filed in bad faith, the court may assess the fees and the costs, including reasonable attorney fees, incurred by the fiduciary and other affected parties in responding to the proceedings or pleadings, against […]
§ 15-10-606. Applicability
This part 6 applies to: An estate existing before, on, or after August 10, 2011; and Proceedings to determine the reasonableness of compensation and costs commenced on or after August 10, 2011. This part 6 does not apply to proceedings to determine the reasonableness of compensation and costs commenced before August 10, 2011, unless the […]
§ 15-10-505. Notice to Fiduciary – Current Address on File
In all actions undertaken pursuant to this part 5, the following provisions shall govern notice to fiduciaries: In emergency situations. If it appears to a court that an emergency exists because there is an imminent risk of substantial harm to a ward’s or protected person’s health, safety, or welfare or to the financial interests of […]
§ 15-10-601. Definitions
As used in this part 6, unless the context otherwise requires: “Estate” means the property of the decedent, trust, or other person whose affairs are subject to this code or any code included as part of this title 15 as the estate is originally constituted and as the estate exists from time to time during […]
§ 15-10-602. Recovery of Reasonable Compensation and Costs
A fiduciary and his or her lawyer are entitled to reasonable compensation for services rendered on behalf of an estate. 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. A third party […]
§ 15-10-603. Factors in Determining the Reasonableness of Compensation and Costs
A court may review and determine: The reasonableness of the compensation of any fiduciary, lawyer, or other person who: Is employed on behalf of an estate, fiduciary, respondent, ward, or protected person; Is appointed by the court; or Provides beneficial services to an estate, respondent, ward, or protected person; and The appropriateness of any cost […]
§ 15-10-305. Records and Certified Copies
The clerk of each court shall keep for each decedent, ward, protected person, or trust under the court’s jurisdiction a record of any document which may be filed with the court under this code, including petitions and applications, demands for notices or bonds, trust registrations, and of any orders or responses relating thereto by the […]
§ 15-10-306. Jury Trial
If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding and any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury. If there is no right to trial by jury under subsection (1) of this section […]
§ 15-10-307. Registrar – Powers
The acts and orders which this code specifies as performable by the registrar may be performed either by a judge of the court or by a person, including the clerk, designated by the court by a written order filed and recorded in the office of the clerk of the court. Source: L. 73: R&RE, p. […]