Q: Are legal fees reimbursable in a small insolvent estate?
A: Unlike personal representative's commissions in a small estate, counsel fees are not prohibited. However, since there are no statutorily allowed commissions, the attorney seeking counsel fees must submit a petition for counsel fees with the the orphans' court. Furthermore, since counsel fees are not usually sought in small estate, orphans' court are reluctant to award fees unless they are for legal or extraordinary services over an above the usual services for administering a small estate.
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