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Appraisers' fees for real estate shall be
based upon the entire value of the assets subject to appraisal
(not the decedent's interest in the property which may be
fractional). Fees shall be computed at the rate of:
-
One Dollar ($1.00) per thousand on
the first Thirty-Five Thousand Dollars ($35,000.00).
Minimum - Seventy-Five Dollars ($75.00).
- Two Dollars ($2.00) per thousand on the next Fifty Thousand
Dollars ($50,000.00).
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One Dollar Fifty Cents ($1.50) per
thousand on the next One Hundred Thousand Dollars ($100,000.00).
-
One Dollar ($1.00) per thousand on
the balance over One Hundred Eighty-Five Thousand Dollars
($185,000.00).
When an appraisal of multiple properties
is performed, the above fee schedule shall apply to the aggregate
value of all properties.
Ordinary fees under Five Hundred Dollars
($500.00), paid in compliance with this rule, may be paid
without application and entry.
On tangible personal property subject to
appraisal, the value of which is not readily ascertainable,
the appraiser's compensation shall be One Dollar ($1.00) per
thousand of the total value.
If by reason of the application of such percentages
to the value of assets of an estate, a disparity or injustice
results, such disparity or injustice may be reviewed on the
Court's own Motion or upon application of the fiduciary or
any party in interest.
Additional compensation for extraordinary
services performed may be allowed by the Court upon application
filed by the fiduciary.
In land sale proceedings, the appraiser appointed
by the Court may be compensated for services in the same manner
as provided herein for estate appraisers, with a minimum fee
of Seventy-Five Dollars ($75.00) per parcel, provided that the amount
to be paid the appraiser shall be set forth in the entry of
distribution and be subject to the approval of the Court.
An appraiser may waive entitlement to all
or any part of the compensation allowable under this Rule.
Where any question arises in the interpretation
of this Rule, or if the amount of compensation cannot be agreed
upon, the executor or administrator shall file an application
for allowance of compensation to each appraiser. Otherwise,
no Court Order is necessary, and credit may be taken for payment
in the next regular account as provided by law, subject to
all exceptions which may be thereafter filed.
In the event the appraiser's fee exceeds
Five Hundred Dollars ($500.00) when calculated in accordance
with the above schedule, special approval must be obtained
upon proper application to the Court.
[Former Rule 28.1 amended and renumbered
as Rule 61.1, effective June 10, 1998; amended effective October
1, 2000; April 15, 2002; February 1, 2006.]
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