Order For Determination And Payment Of Fees For Ordinary [And Extraordinary] Services

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.

Order For Determination And Payment Of Fees For Ordinary [And Extraordinary] Services is a commonly used form within Iowa. 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 Order For Determination And Payment Of Fees For Ordinary [And Extraordinary] Services

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Order For Determination And Payment Of Fees For Ordinary [And Extraordinary] Services:

• This form pertains to the State of Iowa

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 Iowa’s Form PMF 409 - Order For Determination And Payment Of Fees For Ordinary [And Extraordinary] Services up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Iowa 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 Iowa 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 PMF 409, take a break, and then review. Probate and estate settlement processes in IA 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 PMF 409 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 PMF 409 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 Order For Determination And Payment Of Fees For Ordinary [And Extraordinary] Services 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.

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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 Iowa.

5 reasons you should submit PMF 409 as quickly as possible:

1. The sooner you begin, the faster Iowa 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 Iowa. 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 Iowa 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 Iowa 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 Iowa probate clerk or court for exact answers regarding Form PMF 409, and when in doubt— consult a qualified trust & estates lawyer for that area.

Order For Determination And Payment Of Fees For Ordinary [And Extraordinary] Services is one of the many probate court forms available for download through Atticus.

It may also be available through some Iowa 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 Iowa.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form PMF 409 - Order For Determination And Payment Of Fees For Ordinary [And Extraordinary] Services 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 Iowa probate court office.

Order For Determination And Payment Of Fees For Ordinary [And Extraordinary] Services 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 Iowa-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 Iowa Form PMF 409 - Order For Determination And Payment Of Fees For Ordinary [And Extraordinary] Services. You can use this to get an idea of the context of the form and what type of information is needed.

PMF 409 IN THE IOWA DISTRICT COURT FOR COUNTY IN THE MATTER ) ) OF THE ESTATE OF ) ) , ) ) Probate No. ______________________ ORDER FOR DETERMINATION AND PAYMENT OF FEES FOR ORDINARY [ AND EXTRAORDINARY] SERVICES Deceased. ) The Court having been presented an Application for Determination and Payment of Fees for Ordinary [ __ and Extraordinary] Services, wherein the Personal Representative(s) in the above matter request(s): __ (Optional) a determination of fees for ordinary services for ___________________, as Personal Representative in connection with services provided in the above matter __ (Optional) and a determination of fees for extraordinary services for ______________ as Personal Representative in connection with (list extraordinary services): ______________________________________________________________________________ a determination of fees for ordinary services for _______________________, Attorney at Law, attorney for the Estate, in connection with services provided in the above matter __ (Optional) and a fee for extraordinary services for ___________________________, Attorney at Law, attorney for the Estate, and for necessary and extraordinary services performed in connection with (list extraordinary services): ______________________________________________________________________________ and having reviewed the same, FINDS: __ (Optional) (1) that all parties interested in this Estate have received timely notice of the Application for Determination and Payment of Extraordinary Attorney Fees; __ (Optional) (2) that none of the parties interested in this Estate have objected to the Application for Determination and Payment of Extraordinary Attorney Fees; and (3)that the fees requested therein are reasonable and that an Order should be entered approving the same. __ (Optional) (4) that because no Iowa Inheritance tax return or Federal Estate tax return is required, one-half of the above fee may be paid at this time and one-half of the above fee may be paid when the final report is filed and the costs have been paid. __ (Optional) (5) that because an Iowa Inheritance tax return and/or Federal Estate tax PMF 409 return is required, one-half of the above fee may be paid when the Iowa Inheritance tax return / Federal Estate Tax return is prepared and one-half of the above fee may be paid when the final report is filed and the costs have been paid. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that __ [Optional] ____________________________, Personal Representative, be and is hereby awarded ordinary fees totaling $ __ [Optional] and because no Iowa Inheritance tax return or Federal Estate tax return is required, one-half of the above fee may be paid at this time and one-half of the above fee may be paid when the final report is filed and the costs have been paid. __ [Optional] and because an Iowa Inheritance tax return and/or Federal Estate tax return is required, one-half of the above fee may be paid when the Iowa Inheritance tax return / Federal Estate Tax return is prepared and one-half of the above fee may be paid when the final report is filed and the costs have been paid. [and necessary and extraordinary fees totaling $ _______________ for his/her necessary and extraordinary services rendered in regard to _ ______________________________________, along with the reimbursement of expenses and by order provides that the Personal Representative(s) is/are to provide for the payment of same. _______________________, Attorney at Law, be and is hereby awarded ordinary fees totaling $ ______________________________ __ [Optional] and because no Iowa Inheritance tax return or Federal Estate tax return is required, one-half of the above fee may be paid at this time and one-half of the above fee may be paid when the final report is filed and the costs have been paid. __ [Optional] and because an Iowa Inheritance tax return and/or Federal Estate tax return is required, one-half of the above fee may be paid when the Iowa Inheritance tax return / Federal Estate Tax return is prepared and one-half of the above fee may be paid when the final report is filed and the costs have been paid. [and necessary and extraordinary fees totaling $ ________________ for his/her necessary and extraordinary services rendered in regard to _____________________________________, along with the reimbursement of expenses and by order provides that the Personal Representative(s) is/are to provide for the payment of same. ________________________________________ PMF 409 COMMENTS 1.Notice or waiver is not required for approval of fees for ordinary services unless it is deemed that the order is a final decree. §§633.36 and 633.37. However, notice or waiver is required for approval of fees for extraordinary services. Iowa Rules of Probate Procedure 7.2. 2.Iowa Rules of Probate Procedure 7.2(3) requires that a hearing be set on the application for f ees for extraordinary services and that the notice of hearing must specify the amounts requested. In lieu of a hearing on the application for such fees, all interested persons may sign a waiver of notice and consent specifically identifying the amount of such fees requested. 3.If a hearing is set on an application for fees for extraordinary services, interested parties must receive notice at least 20 days before the hearing date unless the court finds good cause for shortening the period. §633.40(1).