N.Y. Surrogate's Court Procedure Act § 2111: Ex parte application for advance payment of fees of an attorney-fiduciary or guardian ad litem 1

§ 2111. Ex parte application for advance payment of fees of an

attorney-fiduciary or guardian ad litem

1. At any time during the administration of an estate and irrespective

of the pendency of a particular proceeding an attorney of this state who

is a fiduciary, or guardian ad litem may present to the court from which

his or her letters or appointment issued a petition praying that he or

she be permitted to receive a sum on account of his or her compensation

for legal services theretofore rendered to the estate or to the person

under disability. No notice of the application shall be required,

except that in the case of a guardian ad litem notice shall be given to

any attorney or person who has appeared in the proceeding for which the

guardian ad litem seeks an allowance. If the application be

entertained, the court may award a sum on account of compensation or

make such other order, if any, as justice shall require. The total

expenses of the application shall be borne by the petitioner personally.

2. An attorney who is a fiduciary may take advances on account of

compensation for legal services rendered to the estate, without

application to the court if he shall have at least one co-fiduciary who

is not rendering legal services to the estate and all co-fiduciaries

have consented to such payment on account or if the instrument under

which the attorney is acting permits him to take such payments on

account in advance of the settlement of the account.

3. In all cases where any such payment on account of legal services

has been taken by an attorney his or her account must disclose the fact

and the amount of such payment.

4. The compensation of an attorney for legal services awarded or taken

under this section may include compensation for 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 compensable under this section.