an estate, the Attorney shall file an Acknowledgement by Personal Representative of Receipt of Local Rule Regarding Fees in Probate Matters. The Acknowledgement is found in the Delaware Circuit Court Administrative Rules under Administrative Rule DAR-0014.

(III) Wrongful Death Claim Administration.

If a wrongful death claim is settled before trial, the fee should not exceed thirty-three and one-third percent (33 1⁄3%) of the settlement amount.

If a wrongful death action proceeds to trial by court or by jury, the attorney fee should not exceed forty percent (40%) of the court or jury award.

If a wrongful death action is appealed after trial, the attorney fee should not exceed fifty percent (50%) of the court or jury award.

The fee guidelines for wrongful death actions does not preclude the attorney from recovering litigation expenses incurred in preparing for trial or in pre-trial discovery proceedings.

(IV) Disallowed Claims to be set for Trial.

When a claim is disallowed and is to be set for trial, the party making the claim shall open a new case in the Court where the estate is filed.

  • (1) The case caption shall be creditor versus the personal representative or the estate.
  • (2) If it can be filed as a small claims matter, it shall be filed with an SC cause number.
  • (3) If it is above the small claims jurisdictional amount, it shall be filed with a PL cause number.
  • (4) The petitioner shall pay the appropriate filing fee.
  • (5) The case shall be filed in the same court as the estate is filed.
  • (6) The case shall be related to the estate cause.

(V) Guardianship

(A) Fees

Attorneys should charge fees generated in guardianship proceedings at the customary and prevailing hourly rates in Delaware County for opening the guardianship; selling real or personal property; assisting the Guardian in filing the inventory and necessary accounting; and providing professional advice.

Attorneys shall submit petitions to approve attorney fees in writing in all cases, along with an appropriate proposed order. Petitions for fees for both the guardian and

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