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MATTER OF ESTATE OF BOWLDS

No. 40482.

102 P.3d 593 (2004)

In the Matter of the Estate of John W. BOWLDS. Cris Cris and Cathy Cris, Executors of the Estate of John Wesley Bowlds, Appellants/Cross-Respondents, v. American Cancer Society, Respondent/Cross-Appellant.

Supreme Court of Nevada.

December 29, 2004.

Attorney(s) appearing for the Case

Cary Colt Payne, Las Vegas; Kyle & Kyle and Joseph F. Kyle, Las Vegas, for Appellants/Cross-Respondents Cris Cris and Cathy Cris.

Lionel Sawyer & Collins and Dana A. Dwiggins and Mark A. Solomon, Las Vegas, for Respondent/Cross-Appellant American Cancer Society.

Before ROSE, MAUPIN and DOUGLAS, JJ.

OPINION

MAUPIN, J.

In this appeal, we consider a long-standing local practice in Clark County, Nevada, under which district judges routinely award attorney fees in probate matters based upon the gross value of the decedent's estate.

We hold that an agreement between an estate and its counsel, providing for payment to counsel of 5 percent of the estate's gross value, is not per se reasonable. Thus, district courts exercising judicial oversight...

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