W-Y Ground Water Management District v. Goeglein
585 P.2D 910, 196 COLO. 230, 1978.CO.40184
Colorado Supreme Court
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As a beneficiary of the Estate of Austin M. Painter, deceased, the State Board of Agriculture again appeals from the district courts order awarding fees to the administrator of the estate, the First National Bank of Greeley, and to William Southard, counsel for the estate. This court reversed as excessive the district courts initial award of $39,337 to the bank and $42,000 to counsel. We held that fees awarded under the Probate Code must be based upon a consideration of all of the factors which the Code enumerates. See Â§ 15-12-721, C.R.S. 1973; In re Estate of Painter, 39 Colo. App. 506, 567 P.2d 820 (1977). Following a remand to the district court sitting in probate, a hearing was conducted to redetermine those fees. The bank was then awarded $34,500 and counsel was awarded $39,000. We reverse and remand for additional proceedings.