(a) Notwithstanding any law to the contrary, an attorney performing services for the estate at the instance of the personal representative, guardian or conservator shall have such compensation therefor out of the estate as shall be just and reasonable. This section shall apply to all probate proceedings.
(b) In determining what is a fair and reasonable attorney's fee effect shall be given to a prior agreement in writing by a testator concerning attorney fees. Where there is no prior agreement in writing with the testator consideration shall be given to the following factors in determining what is a fair and reasonable attorney's fee:
(1) the time and labor required;
(2) the experience and knowledge of the attorney;
(3) the complexity and novelty of problems involved;
(4) the extent of the responsibilities assumed and the results obtained; and
(5) the sufficiency of assets properly available to pay for the services.
(c) An interested person who desires that the court review attorney fees shall seek review of attorney fees in the manner provided in section 524.3-721. In determining the reasonableness of the attorney fees, consideration shall be given to all the factors listed in clause (b) and the value of the estate shall not be the controlling factor.
1971 c 497 s 8; Ex1971 c 48 s 50; 1974 c 442 art 9 s 3; 1975 c 347 s 111; 1976 c 2 s 146
Structure Minnesota Statutes
Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts
Chapter 525 — Probate Proceedings
Section 525.031 — Fees For Copies.
Section 525.033 — Fees For Filing Petitions.
Section 525.041 — Written Decision Shall Be Filed Within 90 Days; Mandatory.
Section 525.05 — Judge Or Referee; Grounds For Disqualification.
Section 525.091 — Destruction And Reproduction Of Probate Records.
Section 525.092 — Court Administrator May Destroy Certain Papers.
Section 525.095 — Court Administrator May Issue Orders Under Direction Of The Court.
Section 525.10 — Referee; Appointment; Bond; Office Abolished.
Section 525.101 — Compensation Of Referee.
Section 525.103 — Delivery Of Books And Records.
Section 525.11 — Reporter; Appointment And Duties.
Section 525.111 — Compensation; Transcript Fees.
Section 525.113 — Additional Employees.
Section 525.12 — Auditor; Appointment.
Section 525.122 — Compensation Of Auditor.
Section 525.14 — Descent Of Cemetery Lot.
Section 525.152 — Award Of Property With Sentimental Value To Children.
Section 525.161 — No Surviving Spouse Or Kindred, Notices To Attorney General.
Section 525.21 — Quantity Of Estate Devised.
Section 525.2221 — Wills Not Affected.
Section 525.242 — Secondary Evidence.
Section 525.253 — Sale Of Devised Property.
Section 525.311 — Contents Of Petition.
Section 525.312 — Decree Of Descent.
Section 525.313 — Clearance For Medical Assistance Claims.
Section 525.37 — Foreclosure Of Mortgages.
Section 525.38 — Realty Acquired.
Section 525.391 — Property Fraudulently Conveyed.
Section 525.392 — Property Converted.
Section 525.393 — Disposal By Coroner.
Section 525.475 — Dormant Estate; Removal Of Representative Or Attorney.
Section 525.48 — Final Account, Attorney Fees And Representative Fees.
Section 525.483 — Recording Decree.
Section 525.486 — Termination Of Trusts; Distribution.
Section 525.491 — Attorney's Lien.
Section 525.515 — Basis For Attorney's Fees.
Section 525.528 — Federal Estate Tax; Marital Deduction.
Section 525.71 — Appealable Orders.
Section 525.714 — Suspension By Appeal.
Section 525.73 — Affirmance; Reversal.
Section 525.731 — Judgment; Execution.
Section 525.80 — Representative.
Section 525.831 — Notice To Attorney General Of Devises For Charitable Purposes.
Section 525.84 — Erroneous Escheat.
Section 525.841 — Escheat Returned.
Section 525.85 — Disclosure Proceedings.
Section 525.88 — State Patents.
Section 525.881 — Federal Patents.
Section 525.91 — Letters, Contents.
Section 525.95 — Fiduciary Powers, Suspension During War Service.