Fiduciary Fee Guidelines

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Fiduciary Fee Guidelines is a commonly used form within Arizona. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Fiduciary Fee Guidelines

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Fiduciary Fee Guidelines:

• This form pertains to the State of Arizona

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Arizona’s Form pbgcf93hz - Fiduciary Fee Guidelines up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Arizona form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Arizona probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form pbgcf93hz, take a break, and then review. Probate and estate settlement processes in AZ are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form pbgcf93hz online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form pbgcf93hz witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Fiduciary Fee Guidelines to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Arizona.

5 reasons you should submit pbgcf93hz as quickly as possible:

1. The sooner you begin, the faster Arizona can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Arizona. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Arizona is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Arizona probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Arizona probate clerk or court for exact answers regarding Form pbgcf93hz, and when in doubt— consult a qualified trust & estates lawyer for that area.

Fiduciary Fee Guidelines is one of the many probate court forms available for download through Atticus.

It may also be available through some Arizona probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Arizona.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form pbgcf93hz - Fiduciary Fee Guidelines f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Arizona probate court office.

Fiduciary Fee Guidelines is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Arizona-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Arizona Form pbgcf93hz - Fiduciary Fee Guidelines. You can use this to get an idea of the context of the form and what type of information is needed.

PUBLIC FIDUCIARY FEE GUIDELINES APRIL 2008 The Arizona Rules of Probate Procedure (ARPP), effective January 1, 2009, allow for “reasonable” fee arrangements, whether hourly or otherwise. ARPP Rule 33, governing compensation to fiduciaries, states that a fiduciary may be required to submit a detailed statement of services provided, and if not on an hourly basis, explanation of the fee arrangements and how the fee amount was calculated. The fee schedule below was approved by the Superior Court in Maricopa County for the Office of the Public Fiduciary in Maricopa County (Administrative Order 2008-053), in April 2008. • It is not binding on private fiduciaries but may be useful as an informal guide as to what may be considered a reasonable fee. • Note that the Office of the Public Fiduciary will object to a claim for excessive fees. A. EXAMPLE FEE SCHEDULE Service Provided Fee Allowed 1. Setup fee for a guardian, conservator, or $900 total guardian/conservator for referral, investigation, (Allowed once) and setup, allowed in the first year only. 2. Annual Report/Accounting or Final Accounting $375/annually 3. Hourly Fees for Services: Maricopa County Public Fiduciary $ 145.00 Assistant Public Fiduciary $ 125.00 Estate Administration Manager $ 95.00 Estate Operations Manager $ 95.00 Guardian Administration Manager $ 95.00 Estate/Guardian Administrators $ 85.00 Benefits Case Management $ 55.00 Burial Case Management $ 55.00 Benefits Case Investigation $ 55.00 Chief Investigator $ 85.00 Property Management $ 60.00 Tax Preparation [1040, 140, Final 1041, Final 141) $ 85.00 Tax Preparation [1040A, 140A, 140PTC, 1041, 141] $ 55.00 © Superior Court of Arizona in Maricopa County PBGCF93h - 050709 ALL RIGHTS RESERVED Use only most current version Form Authorized 12/94 Page 1 of 4 NOTES: A. Extraordinary fees must be justified by a showing of necessity and billed at a reasonable hourly rate. B. Extraordinary costs must be necessary, reasonable, and documented. C. Any anticipated extraordinary fees must be explained in the estate management plan and on the fiduciary’s itemized fee statement and affidavit. D. Companionship services should not exceed $15.00 an hour plus mileage at $0.29/mile. These are companionship services over and above the once monthly social worker contact already covered by the annual fee for guardian. (See #2 under suggested fee schedule.) E. Contract or “out-sourced” services (those services not performed by an employee of the fiduciary) provided to the ward or protected person for such things as accounting services, tax preparation, visitation, guardianship services, investment management and bookkeeping shall be billed to the ward in the same amount as paid by the fiduciary for each such service. The Court does not endorse the practice of a fiduciary “marking up” or adding a profit margin to services which the fiduciary does not provide with the fiduciary’s own employees. For example, if the fiduciary used an outside accountant to prepare the accounting for a fee of $250.00, the fiduciary is allowed to charge the ward only the $250.00. The fiduciary is allowed to charge for any related services provided by the fiduciary such as supervision or monitoring of the contract service provider. B. FIDUCIARY DUTIES - FIRST YEAR TYPICAL SERVICES 1. Pre-Court Appointment a. Meet prospective client and assess client’s physical and mental status, need for guardianship, conservatorship, or both; assess placement needs. b. Contact family/friends regarding referral, prospective client's status, possible court proceedings, and willingness to serve. c. Obtain financial information. (When the referral is from Adult Protective Services or an attorney, this information is usually complete. If the referral is from another source, such as a hospital social worker, this information may be incomplete.) You may need to establish a relationship with the prospective client to review client financial records. (Financial records may be in good condition or in bags, boxes, and under beds.) d. Contact physician for medical opinion and to obtain medical report. (May require taking prospective client to physician' office). e. Meet with attorney to provide case information and begin legal proceedings. f. Monitor prospective client (when necessary) pending court proceedings. 2. Obtain Court Appointment a. Attend hearing. b. Obtain surety bond. c. Obtain certified copies of Letters. 3. Post Court Appointment a. Record Letters, if there is real property. b. Change the mailing address for client's mail. c. Obtain all insurance information. d. Contact all financial institutions to close accounts, transfer funds, supersede on accounts, restrict accounts and change mailing address for statements, etc. e. Change Payee for Social Security payments. f. Contact all sources of income to change mailing addresses. © Superior Court of Arizona in Maricopa County PBGCF93h - 050709 ALL RIGHTS RESERVED Use only most current version Form Authorized 12/94 Page 2 of 4 g. Contact all medical insurance companies and other insurance companies to obtain information on coverage and to change mailing address. h. If real property, obtain condition of title report and appraisal, if necessary. I. If real property, contact Assessor and County Treasurer to change mailing address of all records. j. If there is an automobile, obtain title or duplicate title and check liability insurance coverage. k. If stocks and bonds, either transfer into street name in a brokerage account or change mailing addresses on all issues. Obtain basis information when possible. l. If furniture/personal property, list and obtain appraisal when necessary. m. Determine tax status, obtain copies of prior years' returns. n. Determine testamentary status, obtain original or copy of will. o. Determine funeral arrangements. p. Obtain information required for death certificate. q. Prepare inventory for filing with court. 4. Nursing Home Placement. Supervise and coordinate client's needs. a. Medical, dental and optical appointments. b. Medical treatments. c. Medication. d. Social and emotional needs. e. Clothing and personal items. C. FIDUCIARY DUTIES - EXTRAORDINARY SERVICES 1. Home Placement (Provide 24 Hours On Call Services) a. Obtain staff. b. Supervise staff. c. Schedule staff. d. Prepare payroll. i. Compute withholdings on paychecks. ii. Prepare quarterly and yearly reports. iii. Obtain workers' compensation coverage. iv. Obtain unemployment coverage. e. Maintain house. f. Maintain auto, if necessary. g. Oversee household monies. i. Obtain receipts. ii. Reconcile monthly. h. Supervise and coordinate client's personal needs. i. Nutrition. ii. Hair appointments. iii. Medication. iv. Medical treatments. 2. Adult Foster Care Placement: Supervise and Coordinate Client's Needs. a. Medical, dental, and optical appointments. b. Medical treatments. c. Medication. d. Social and emotional needs. e. Clothing and personal items. 3. Companionship Services (See Notes D and E above regarding charges) a. Social visits. b. Accompany for lunch, walks, shopping. c. Prepare correspondence. d. Routine physician visits or follow-up and status reporting. © Superior Court of Arizona in Maricopa County PBGCF93h - 050709 ALL RIGHTS RESERVED Use only most current version Form Authorized 12/94 Page 3 of 4 D. FACTORS THAT MAY MAKE FIDUCIARY SERVICES EXTRAORDINARY 1. Review of papers and documents, which are in disarray, to identify and locate assets. 2. Notification of banks and financial institutions of estate status. 3. Obtaining insurance record information. 4. Sorting through boxes or files for information. 5. Degree of ease in accessing information. 6. Sizeable number of financial institutions to contact. 7. Family disagreement or dissention. 8. Character and values of family members, business associates of the ward and others. 9. Level of cooperation from client/ward. 10. Medical or placement crisis with the ward. 11. Level of monitoring required by ward. E. CHECKLIST FOR EVALUATION OF FEES (for evaluation of cases with fees in question) 1. What are the total administrative expenses? Attorney's fees, fiduciary fees, accountant, investment advisor, tax preparation, etc. 2. What is the make-up of the estate and its gross value? Cash, stocks, bonds, a business, real estate, art, antiques, collections. 3. What is the estate income? 4. What kind of management of assets was required? 5. Did real estate require more than routine management? 6. Did a business have to be run? 7. Who performed the various tasks? Were the tasks appropriate to the person performing them? Were billed tasks performed by an attorney which could have been performed by a paralegal, secretary, runner, accountant? 8. Was the time spent on any task excessive? 9. Were the tasks performed necessary? (In a probate, for example, could the property have been distributed by affidavit? Was a formal, court-approved accounting necessary?) 10. In a guardianship or conservatorship, what aspects of the ward's condition required unusual time and effort? 11. Who are the relatives/heirs/devisees? Did contentiousness among interested persons cause unusual expenditures of time and effort? 12. Is the hourly rate acceptable? 13. Are the attorney's and fiduciary's records of time spent and tasks performed complete and specific? 14. Are there duplications of time? 15. Was research billed in areas which should not have required research? 16. Are there steps an attorney should have taken to eliminate the need for litigation or unusual activities? A recent memorandum decision reverses a trial court's allowance of fees in a conservatorship because the attorney did not act with reasonable care to avoid the unnecessary use of his service by the guardian and conservator. The attorney billed for services necessitated by the conservator's failure to perform and the attorney was therefore in breach of his fiduciary duties under Fickett because he did not act quickly to have the conservator (his client) removed. In the Matter of the Guardianship and Conservatorship of Harsh, Maricopa County Public Fiduciary v Finks, 1 CA-CV 92-0118 (1994). 17. Are the persons who received a copy of the accounting or petition for fees sufficiently competent or sophisticated to object, or is their interest (financial or otherwise) such that it's not worth the hassle? © Superior Court of Arizona in Maricopa County PBGCF93h - 050709 ALL RIGHTS RESERVED Use only most current version Form Authorized 12/94 Page 4 of 4