Uniform Rules § 207.45

Attorney's fees; fixation of compensation · as in force on May 31, 2026

(a) In any proceeding in which the relief requested includes determination of compensation of an attorney or the allowance of expenses of counsel, there shall be filed with the petition an affidavit of services which shall state when and by whom the attorney was retained; the terms of the retainer; the amount of compensation requested; whether the client has been consulted as to the fee requested; whether the client consents to the same or, if not, the extent of disagreement or nature of any controversy concerning the same; the period during which services were rendered; the services rendered, in detail; the time spent; and the method or basis by which the requested compensation was determined. The affidavit also shall state whether the fee includes all services rendered and to be rendered up to and including settlement of the decree and distribution, if any, thereunder and whether the attorney waives a formal hearing as to compensation.

(b) Except when the SCPA otherwise provides or when compelling reasons exist for so doing, the court shall not fix attorneys' compensation or make allowances to parties for counsel expenses unless a proceeding is instituted under SCPA 2110 or unless, in an accounting, the petition and citation state that an application will be made for determination of compensation, the allowance of counsel expenses and the amount thereof.

(c) Reports, affidavits and statements relating to fixation of fees and allowances shall be served upon the petitioner and upon all attorneys, guardians ad litem and parties appearing in person (other than those who have theretofore filed waivers). Proof of such service shall be filed with the court.

(d) In any proceeding for the determination of kinship in which an attorney appears for any party not a resident of the United States, the attorney shall institute a proceeding pursuant to SCPA 2110 for the fixation of his or her compensation and shall comply with the provisions set forth in subdivisions (a) through (c) of this section.

Official sourcehttps://www.nycourts.gov/rules/part-207-uniform-rules-surrogates-court

In plain English

This rule sets what must be filed when the court is asked to fix an attorney's fees or allow counsel expenses.

(a) An affidavit of services must be filed with the petition, stating: when and by whom the attorney was retained; the retainer terms; the amount requested; whether the client was consulted about the fee and consents (or the extent of any disagreement); the period of services; the services in detail; the time spent; and the method or basis for the amount. ★ It must also state whether the fee covers all services up to and including settlement of the decree and distribution, and whether the attorney waives a formal hearing on compensation.
(b) Unless the SCPA provides otherwise or compelling reasons exist, the court shall not fix attorneys' compensation or allow counsel expenses unless a proceeding is brought under SCPA 2110, or, in an accounting, the petition and citation state that such an application (and its amount) will be made. ★
(c) Reports, affidavits and statements about fees and allowances shall be served on the petitioner and on all attorneys, guardians ad litem and parties appearing in person (except those who already filed waivers). Proof of service must be filed.
(d) In a kinship proceeding, an attorney appearing for a party who does not live in the United States shall bring an SCPA 2110 proceeding to fix his or her compensation and follow (a) through (c). ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.