Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.

Detailed Answer

What Is an Initial Probate Representation Agreement?

An initial probate representation agreement (also called an engagement letter) is a written contract between you and your attorney. Under Alabama Rule of Professional Conduct 1.5(b), lawyers must communicate the scope of representation and fees in writing. This agreement tells you which tasks your attorney will handle during probate in Alabama.

Typical Probate Tasks Included

Most probate representation agreements cover the basic steps required to open, administer and close an estate under Alabama law. These tasks often include:

Reviewing the will or determining intestacy rights
Preparing and filing the probate petition with the probate court (Ala. Code § 43-2-372)
Obtaining letters testamentary or letters of administration (Ala. Code § 43-2-373)
Notifying heirs and creditors (Ala. Code § 43-2-381)
Collecting, safeguarding and valuing assets
Preparing inventory and appraisal (Ala. Code § 43-2-380)
Paying valid debts and taxes (including state and federal filings, if agreed)
Distributing assets to beneficiaries (Ala. Code § 43-2-619)
Filing a final accounting and closing the estate

How to Verify Which Tasks Your Agreement Covers

1. Review the Scope Section Carefully

Your engagement letter should list the services your attorney will perform. Look for language such as “probate administration,” “filing inventory,” or “final accounting.” If a task isn’t mentioned by name, it may not be included.

2. Match Services to Statutory Requirements

Compare your agreement against the basic probate steps set out in the Alabama Probate Code (Title 43). Identify any missing tasks—such as notices, tax returns, or detailed accountings—that you expect your attorney to handle.

3. Clarify Exclusions and Additional Fees

Many agreements exclude contested matters (will contests, creditor disputes), complex tax work, or trust administration. Confirm whether these services trigger additional fees or require a new agreement.

4. Ask Your Attorney to Amend the Agreement

If you need extra services, request an addendum or a new flat-fee package. Getting all tasks in writing prevents misunderstandings and surprise bills.

Helpful Hints

Keep a copy of the signed engagement letter in your records.
Ask for periodic status reports to track completed and pending tasks.
Request a fee estimate for any tasks not in the initial agreement.
Confirm whether your attorney uses hourly billing, a flat fee, or a hybrid fee structure.
Discuss deadlines for statutory notices to avoid late filings or penalties.