the hourly rate request after considering the attorney's expertise and the nature of the extraordinary services provided.
(F) Unsupervised Estates. The attorney and personal representative should negotiate fees for handling unsupervised estates. The Court shall not hear the requests for fees unless an objection to the closing statement is timely filed. In the absence of evidence to the contrary, the fees for handling unsupervised estates should not exceed eighty percent (80%) of the Fee Guidelines.
(G) Petitions and Hearings on Fee Requests. All requests for approval of estate fees in supervised estates shall be submitted to the Court in writing, along with an appropriate proposed order. Petitions for fees shall include affidavits in support thereof from the attorney and the personal representative and provide the following information:
- (1) Details as to the work done by the affiant.
- (2) Time spent to accomplish said work.
- (3) Hourly rate used to calculate fees.
- (4) Total amount of fees being requested.
If the petition to approve fees includes a request for additional fees, the Court will schedule a hearing on the petition, unless all interested parties execute a waiver and consent stating they have been advised that the fee request exceeds the Court's Guidelines for administering the Gross Estate and that the fee request is for additional services. If a waiver and consent form is filed with the petition for additional fees, the Court, at its discretion, may waive the requirement for hearing on the petition.
(H) Instructions to Personal Representatives Required in Unsupervised Estates. Attorneys shall file “Instructions to Personal Representative of Unsupervised Estate” along with the Petition and other paperwork to open the Estate. The Court may decide not to sign the Order appointing the Personal Representative if the Attorney does not provide an executed copy of the Instructions. The Court’s Instructions are found in the Delaware Circuit Court Administrative Rules under Administrative Rule DAR-0012.
(I) Instructions to Personal Representatives Required in Supervised Estates. Attorneys shall file the “Instructions to Personal Representative of Supervised Estate” form along with the Petition and other paperwork to open the Estate. The Court may decide not to sign the Order appointing the Personal Representative if the Attorney does not provide an executed copy of the Instructions. The Court’s Instructions are found in the Delaware Circuit Court Administrative Rules under Administrative Rule DAR-0013.
(J) Required Acknowledgement Concerning Attorney’s Fees in All Estates: Within Thirty (30) Days after the Court signs the Order Appointing Personal Representative in