TITLE 15

UNIFORM PROBATE CODE

CHAPTER 8

TRUST AND ESTATE DISPUTE RESOLUTION ACT

PART 2.

JUDICIAL RESOLUTION

15-8-208.  Cost — Attorney’s fees. (1) Either the district court or the court on appeal may, in its discretion, order costs, including reasonable attorney’s fees, to be awarded to any party:

(a)  From any party to the proceedings;

(b)  From the assets of the estate or trust involved in the proceedings; or

(c)  From any nonprobate asset that is the subject of the proceedings. The court may order the costs to be paid in such amount and in such manner as the court determines to be equitable.

(2)  This section applies to all proceedings governed by this chapter including, but not limited to, proceedings involving trusts, decedent’s estates and properties, and guardianship matters. Except as provided in section 12-117, Idaho Code, this section shall not be construed as being limited by any other specific statutory provision providing for the payment of costs, unless such statute specifically provides otherwise.

History:

[15-8-208, added 2005, ch. 122, sec. 1, p. 402.]