Nevada Code § 150.060

Attorneys for personal representatives and minor, absent, unborn, incapacitated or nonresident heirs: General compensation
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1. An attorney for a personal
representative is entitled to reasonable compensation for the attorneys
services, to be paid out of the decedents estate.
2. An attorney for a personal
representative may be compensated based on:
(a) The applicable hourly rate of the attorney;
(b) The value of the estate accounted for by the
personal representative;
(c) An agreement as set forth in subsection 4 of NRS 150.061 ; or
(d) Any other method preapproved by the court
pursuant to a request in the initial petition for the appointment of the
personal representative.
3. If the attorney is requesting
compensation based on the hourly rate of the attorney, he or she may include,
as part of that compensation for ordinary services, a charge for legal services
or paralegal services performed by a person under the direction and supervision
of the attorney.
4. If the attorney is requesting
compensation based on the value of the estate accounted for by the personal
representative, the court shall allow compensation of the attorney for ordinary
services as follows:
(a) For the first $100,000, at the rate of 4
percent;
(b) For the next $100,000, at the rate of 3
percent;
(c) For the next $800,000, at the rate of 2
percent;
(d) For the next $9,000,000, at the rate of 1
percent;
(e) For the next $15,000,000, at the rate of 0.5
percent; and
(f) For all amounts above $25,000,000, a
reasonable amount to be determined by the court.
5. Before an attorney may receive
compensation based on the value of the estate accounted for by the personal
representative, the personal representative must sign a written agreement as
required by subsection 8. The agreement must be prepared by the attorney and
must include detailed information, concerning, without limitation:
(a) The schedule of fees to be charged by the
attorney;
(b) The manner in which compensation for
extraordinary services may be charged by the attorney; and
(c) The fact that the court is required to
approve the compensation of the attorney pursuant to subsection 8 before the
personal representative pays any such compensation to the attorney.
6. For the purposes of determining the
compensation of an attorney pursuant to subsection 4, the value of the estate
accounted for by the personal representative:
(a) Is the total amount of the appraisal of
property in the inventory, plus:
(1) The gains over the appraisal value on
sales; and
(2) The receipts, less losses from the
appraisal value on sales; and
(b) Does not include encumbrances or other
obligations on the property of the estate.
7. In addition to the compensation for
ordinary services of an attorney set forth in this section, an attorney may
also be entitled to receive compensation for extraordinary services as set
forth in NRS 150.061 .
8. The compensation of the attorney must
be fixed by written agreement between the personal representative and the
attorney, and is subject to approval by the court, after petition, notice and
hearing as provided in this section. If the personal representative and the
attorney fail to reach agreement, or if the attorney is also the personal
representative, the amount must be determined and allowed by the court. The
petition requesting approval of the compensation of the attorney must contain
specific and detailed information supporting the entitlement to compensation,
including:
(a) If the attorney is requesting compensation
based upon the value of the estate accounted for by the personal
representative, the attorney must provide the manner of calculating the
compensation in the petition; and
(b) If the attorney is requesting compensation
based on an hourly basis, or is requesting compensation for extraordinary
services, the attorney must provide the following information to the court:
(1) Reference to time and hours;
(2) The nature and extent of services
rendered;
(3) Claimed ordinary and extraordinary
services;
(4) The complexity of the work required;
and
(5) Other information considered to be
relevant to a determination of entitlement.
9. The clerk shall set the petition for
hearing, and the petitioner shall give notice of the petition to the personal
representative if he or she is not the petitioner and to all known heirs in an
intestacy proceeding and devisees in a will proceeding. The notice must be given
for the period and in the manner provided in NRS
155.010 . If a complete copy of the petition is not attached to the notice,
the notice must include a statement of the amount of the fee which the court
will be requested to approve or allow.
10. On similar petition, notice and
hearing, the court may make an allowance to an attorney for services rendered
up to a certain time during the proceedings. If the attorney is requesting
compensation based upon the value of the estate as accounted for by the
personal representative, the court may apportion the compensation as it deems
appropriate given the amount of work remaining to close the estate.
11. An heir or devisee may file objections
to a petition filed pursuant to this section, and the objections must be
considered at the hearing.
12. Except as otherwise provided in this
subsection, an attorney for minor, absent, unborn, incapacitated or nonresident
heirs is entitled to compensation primarily out of the estate of the
distributee so represented by the attorney in those cases and to such extent as
may be determined by the court. If the court finds that all or any part of the
services performed by the attorney for the minor, absent, unborn, incapacitated
or nonresident heirs was of value to the decedents entire estate as such and
not of value only to those heirs, the court shall order that all or part of the
attorneys fee be paid to the attorney out of the money of the decedents
entire estate as a general administrative expense of the estate. The amount of
these fees must be determined in the same manner as the other attorneys fees
provided for in this section.

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