Haw. Prob. R. 41
Whenever there is an objection to the fees of a fiduciary or attorney, or court approval of such fees is sought for any reason, the fiduciary or attorney whose fees are at issue shall file an affidavit, setting forth the amount and basis of calculation of the fees sought and any costs advanced which are to be reimbursed, at the same time as any petition seeking approval of such fees or any response to a petition objecting to such fees. The affidavit should specifically detail the charges for the services and costs rendered to the date of the affidavit and the anticipated charges and costs to complete the matter through preparation, processing, and service of the order. Any interested person may file with the court and serve on the petitioner or its counsel an objection to the fees and costs requested no later than 24 hours prior to the hearing.
Haw. Prob. R. 41
COMMENTARY:
Under the new probate code, the fees of an attorney or fiduciary are not subject to court review unless a party objects to the fees and review is sought. This revised rule requires that, whenever court approval of fiduciary or attorneys' fees is sought (either because a party objects or because a party wants such fees to be court-approved), an affidavit of the person whose fees are at issue must be filed with the initial petition or response, as the case may be. Where the work for which the fees are sought is not yet completed (such as in petitions for approval of accounts or for confirmation of sales), the affidavit should be forth an estimate of the fees to be incurred through the conclusion of the hearing.