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This entry was published on 2014-09-22
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SECTION 2110
Compensation of attorneys 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 21
§ 2110. Compensation of attorneys

1. At any time during the administration of an estate and irrespective
of the pendency of a particular proceeding, the court is authorized to
fix and determine the compensation of an attorney for services rendered
to a fiduciary or to a devisee, legatee, distributee or any person
interested or of an attorney who has rendered legal services in
connection with the performance of his duties as a fiduciary or in
proceedings to compel the delivery of papers or funds in the hands of an
attorney.

2. The proceeding shall be instituted by petition of a fiduciary of
the estate or a person interested or an attorney who has rendered
services. The court may direct payment therefor from the estate
generally or from the funds in the hands of the fiduciary belonging to
any legatee, devisee, distributee or person interested.

3. In any event that any such attorney has already received or been
paid an amount in excess of the fair value of his services as thus
determined the court is authorized to direct him to refund the excess.

4. In any proceeding under this act or the estates, powers and trusts
law in which the court determines the compensation of an attorney, the
court shall consider the time and value of services performed by a
person who is not an attorney, provided such services are performed
under the supervision of an attorney and would, if performed by an
attorney, be considered by the court in determining the attorney's
compensation.