Minnesota Statutes

Minn. Stat. § 525.515 (2026)

Basis For Attorney's Fees

✓ current as of May 2026

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(a) Notwithstanding any law to the contrary, an attorney performing services for the estate at the instance of the personal representative, guardian or conservator shall have such compensation therefor out of the estate as shall be just and reasonable. This section shall apply to all probate proceedings.

(b) In determining what is a fair and reasonable attorney's fee effect shall be given to a prior agreement in writing by a testator concerning attorney fees. Where there is no prior agreement in writing with the testator consideration shall be given to the following factors in determining what is a fair and reasonable attorney's fee:

(1) the time and labor required;

(2) the experience and knowledge of the attorney;

(3) the complexity and novelty of problems involved;

(4) the extent of the responsibilities assumed and the results obtained; and

(5) the sufficiency of assets properly available to pay for the services.

(c) An interested person who desires that the court review attorney fees shall seek review of attorney fees in the manner provided in section 524.3-721. In determining the reasonableness of the attorney fees, consideration shall be given to all the factors listed in clause (b) and the value of the estate shall not be the controlling factor.

Notes of Decisions

Cited in 18 cases (1 in the last 5 years), 1975–2026 · leading case: In Re Est. of Evenson, 505 N.W.2d 90 (Minn. Ct. App. 1993).

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In Re Est. of Evenson, 505 N.W.2d 90 (Minn. Ct. App. 1993). · cites it 16× “Case law interpreting Minn.Stat. § 525.515 requires proof of a benefit to an estate before an attorney may be paid for providing “services” for the estate at the request of a personal representative, guardian or conservator.”

In Re Est. & Trust of Anderson, 654 N.W.2d 682 (Minn. Ct. App. 2002). · cites it 5× “” Minn.Stat. § 525.515(a) (2002). In determining whether fees are “just and reasonable,” the district court must consider: (1) The time and labor required; (2) The experience and knowledge of the attorney; (3) The complexity and novelty of problems involved; *689 (4) The extent…”

In Re Conservatorship of Mansur, 367 N.W.2d 550 (Minn. Ct. App. 1985). · cites it 6× “Did the trial court properly disallow a claim for attorney fees incurred in trans *552 ferring the estate to the successor conservator and attorneys? ANALYSIS 1.”

In Re the Guardianship & Conservatorship of Doyle, 778 N.W.2d 342 (Minn. Ct. App. 2010). · cites it 4× “Minn.Stat. § 525.515(b) (2008). A. Generally Appellants contend that the district court abused its discretion in refusing to allow a large portion of their fees.”

In Re Est. of Bush, 230 N.W.2d 33 (Minn. 1975). · cites it 5× “1971, § 525.515, provides: "Notwithstanding any law to the contrary, an attorney performing services for the estate at the instance of the representative shall have compensation therefor out of the estate as the court shall deem just and reasonable.”

Haverstock v. Wolf, 491 F. Supp. 447 (D. Minnesota 1980). · cites it 4× “In this regard, Warden points out that under Minnesota law, it is contrary to public policy for an award of attorneys’ fees for services rendered to an estate to be based on a percentage of the estate, and that in awarding attorney fees for services rendered to an estate, the…”

In Re the Est. of Opsahl, 448 N.W.2d 96 (Minn. Ct. App. 1989). · cites it 2× “The basis for the request was Minn.Stat. § 525.515 (1988) which provides in relevant part: (a) Notwithstanding any law to the contrary, an attorney performing services for the estate at the instance of the personal representative, guardian or conservator shall have such…”

Spannaus v. Arrowood, 230 N.W.2d 33 (Minn. 1975). · cites it 5× “1971, § 525.515, provides: “Notwithstanding any law to the contrary, an attorney performing services for the estate at the instance of the representative shall have compensation therefor out of the estate as the court shall deem just and reasonable.”

In Re Est. of Truhn, 394 N.W.2d 864 (Minn. Ct. App. 1986). · cites it 2× “139 rather than Minn.Stat. § 525.515 (1984). Fees to be awarded will be based on a proper affidavit filed within ten days of the release of this opinion, and will be payable by appellant rather than the estate.”

In Re the Conservatorship of Miller, 642 N.W.2d 75 (Minn. Ct. App. 2002). · cites it 16× “703 (2000), regarding the types of services for which attorney fees may be recovered in conservatorships, and that the court erred in failing to award fees under Minn.Stat. § 525.515 (2000), a more general provision controlling the award of attorney fees in probate proceedings.”

In the Matter of the Conservatorship of: Patricia Annette Wallace, Protected Person. (Minn. Ct. App. 2016). · cites it 2× “2d at 351 (quoting Minn. Stat. § 525.515 (b) (2008)). “The burden of providing evidence to support fee requests lies with the guardian/conservator.”

In re the Conservatorship of: Merritt Elmer Johnson, Protected Person. (Minn. Ct. App. 2016). · cites it 2× “Minn. Stat. § 525.515 (b) (2014); see Mansur, 367 N.”

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— Minn. Stat. § 525.515(a) — 5 cases

In Re Est. & Trust of Anderson, 654 N.W.2d 682 (Minn. Ct. App. 2002). “” Minn.Stat. § 525.515(a) (2002). In determining whether fees are “just and reasonable,” the district court must consider: (1) The time and labor required; (2) The experience and knowledge of the attorney; (3) The complexity and novelty of problems involved; *689 (4) The extent…”

In Re Est. of Evenson, 505 N.W.2d 90 (Minn. Ct. App. 1993). “Case law interpreting Minn.Stat. § 525.515 requires proof of a benefit to an estate before an attorney may be paid for providing “services” for the estate at the request of a personal representative, guardian or conservator.”

In Re Conservatorship of Mansur, 367 N.W.2d 550 (Minn. Ct. App. 1985). “Did the trial court properly disallow a claim for attorney fees incurred in trans *552 ferring the estate to the successor conservator and attorneys? ANALYSIS 1.”

In Re the Conservatorship of Miller, 642 N.W.2d 75 (Minn. Ct. App. 2002). “703 (2000), regarding the types of services for which attorney fees may be recovered in conservatorships, and that the court erred in failing to award fees under Minn.Stat. § 525.515 (2000), a more general provision controlling the award of attorney fees in probate proceedings.”

In Re the Guardianship of Glenn, 381 N.W.2d 77 (Minn. Ct. App. 1986).

— Minn. Stat. § 525.515(b) — 4 cases

In Re the Guardianship & Conservatorship of Doyle, 778 N.W.2d 342 (Minn. Ct. App. 2010). “Minn.Stat. § 525.515(b) (2008). A. Generally Appellants contend that the district court abused its discretion in refusing to allow a large portion of their fees.”

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