1. Estate Administration.
   1. Forms:

      Forms as proscribed by the Court shall be used to make application for counsel fees. See Appendices (E) and (F).

   2. When Paid.

      Unless otherwise approved by the Court for good cause shown, attorney fees for the administration of decedents' estates shall not be paid until the final account is filed and attorney fees for services rendered to a guardian, trustee or other fiduciary shall not be paid until the annual or biennial account is filed.

   3. Application.
      
      
      1. When Filed:

         An application for counsel fees shall be filed when:

         1. Counsel is unable to obtain consents as provided in Paragraph (A)(3)(b).
         2. Counsel serves as both attorney for the estate and fiduciary.
         3. An objection to counsel fees is filed, or an exception to an accounting based on fees is filed.
         4. Counsel fees are requested in representing guardians and trustees.
            
            
      2. When Not Filed:

         Application for fee approval is not required when:

         1. Written consents are given by heirs at law or residuary beneficiaries, whose combined beneficial interests equal or exceed seventy-five percent (75%) of net distributable estate, are filed with the Court, and
         2. Notice of consent is given to those not consenting, and whose beneficial interests would be affected.
         3. Notice.
            Notice, as required in Paragraph (A)(3)(b)(2) of this Rule, shall be sent by certified mail by the attorney of record, and shall be mailed thirty (30) days prior to the filing of an accounting upon which fees are based. Consents and proof of service shall be filed at the time of the required accounting.
            
            
      3. Attachment/Time Records:

         All counsel fee applications shall be accompanied with itemized time records, which shall state the date and time expended, who performed the service, the nature of the service performed, the hourly rate requested, or the specific basis of the fee requested.

   4. Hearing/When Required:

      A Magistrate may require a hearing on fees, or may approve an application for fees without hearing, except where an application is caused to be filed pursuant to Paragraph (A)(3)(a)(3) of this Rule. If application is filed under Paragraph (A)(3)(a)(3), a hearing is mandatory.

2. Insolvent Estates.

   A hearing will be held on counsel fees at the hearing on report of insolvency.

3. Land Sales.

   An application for counsel fees in a land sale shall be filed at the time that the judgment entry confirming sale, ordering deed and distribution, is filed. Fees shall be taken at this time. Notice and hearing shall be as the Court directs. See Appendix G.

[Former Rule 40.1 amended and renumbered as Rule 71.1, effective June 10, 1998; amended effective April 15, 2002.]