75-3-718 - Compensation of personal representative and attorney. - Utah Statutes

75-3-718. Compensation of personal representative and attorney.
(1) A personal representative and an attorney are entitled to reasonable compensation fortheir services. If a petition is filed which either directly or indirectly seeks approval of thepersonal representative's compensation or the attorney's compensation and if no objection is filedby an interested person to the compensation requested, reasonable compensation shall be thecompensation sought in the petition. When an interested person objects to the personalrepresentative's compensation, the court shall determine reasonable compensation for thepersonal representative based on the quality, quantity, and value of the services rendered to theestate and the circumstances under which those services were rendered, including the practice forother fiduciaries who are in similar circumstances to the personal representative in question.When an interested person objects to the attorney's compensation, the court shall determinereasonable compensation for the attorney based on rules adopted by the Judicial Council.
(2) When a petition seeks approval of or objects to a personal representative'scompensation or an attorney's compensation, at least 10 days before the time set for the hearingof the petition, the petitioner or the petitioner's attorney shall send a copy of the petition to allinterested persons either by certified, registered, or first class mail or by hand-delivery.
(3) If a will provides for compensation of the personal representative and there is nocontract with the decedent regarding compensation, the personal representative may renouncethe provision before qualifying and be entitled to reasonable compensation. A personalrepresentative also may renounce his right to all or any part of the compensation. A writtenrenunciation of fee may be filed with the court.

Amended by Chapter 179, 1992 General Session